AFF Contributory Infringement on The Paris Hilton Sex Video or 1 Night In Paris

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  • XPays
    Team Player
    • May 2004
    • 13002

    #51
    Originally posted by Robbie
    That "affiliate" is a pre-paid spot guaranteed. Not an "affiliate" like you would traditionally think of who is earning a percentage of sales. That is a pre-paid, upfront deal that was brokered with full knowledge.
    interesting background -
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    • KimJI
      Confirmed User
      • May 2007
      • 1839

      #52
      Great initiative by XPays. We need to keep this ball rolling
      Trafficadept | Best traffic I have ever tested | web "@t" cuul.org

      Comment

      • KimJI
        Confirmed User
        • May 2007
        • 1839

        #53
        Originally posted by Robbie
        That "affiliate" is a pre-paid spot guaranteed. Not an "affiliate" like you would traditionally think of who is earning a percentage of sales. That is a pre-paid, upfront deal that was brokered with full knowledge.

        Judging from the affiliate code you are 100% right
        Trafficadept | Best traffic I have ever tested | web "@t" cuul.org

        Comment

        • XPays
          Team Player
          • May 2004
          • 13002

          #54
          Originally posted by Far-L
          Have I ever told you how sexy you are when you are going after copyright and trademark infringers.

          Keep us in mind for this. Ira Rothkin not only is the attorney for CE but he also represents AFF last time I looked...

          Look him up. My fave is where he defends the guy who welched on his gambling debts...
          your participation would be immensely appreciated.

          Originally posted by A1R3K
          evan can you make it to the roundtable in l.a. on sept 5th at 7pm?
          tough date airek - maybe i can be in on speaker phone?
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          • Robbie
            Leaner, Meaner, Faster
            • Aug 2002
            • 20960

            #55
            Originally posted by XPays
            interesting background -
            There are posts on here from the offending companies soliciting pre-paid spots from webmasters. I'm sure that a very high price was indeed pre-paid to require a registration before downloading your stolen content. It's disgraceful.
            -Robbie
            ClaudiaMarie.Com

            Comment

            • Tempest
              Too lazy to set a custom title
              • May 2004
              • 10217

              #56
              I made a post in May about a download site that made you sign up to AFF so you could download the file

              http://www.gofuckyourself.com/showthread.php?t=733040

              Comment

              • Far-L
                Confirmed User
                • Feb 2002
                • 6065

                #57
                This is the kind of infringement that makes attorneys drool and even possibly also take on a contingency...
                HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
                Contact
                - Email: farrell AT homegrownvideo D com Skype: hgfarl
                Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

                Comment

                • Juicy D. Links
                  So Fucking Banned
                  • Apr 2001
                  • 122992

                  #58
                  dont mind me i am just passing by

                  Comment

                  • seeric
                    ..........
                    • Aug 2004
                    • 41917

                    #59
                    Originally posted by XPays
                    http://Berra.org has all the experience and passion to represent on this topic bubby.

                    call me if you get bored since d is on the road ;-)
                    paul will definitely be making money helping us shut down piraters.

                    Comment

                    • Far-L
                      Confirmed User
                      • Feb 2002
                      • 6065

                      #60
                      Originally posted by A1R3K
                      paul will definitely be making money helping us shut down piraters.
                      Not necessarily - other than the vast fees paid for him by the plaintiffs to go after them - going after the torrent sites is chump change in most cases and hard to justify the vast legal expense necessary to do so... however, this sort of (alleged) contributory infringement by a whale like AFF could change things completely.
                      HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
                      Contact
                      - Email: farrell AT homegrownvideo D com Skype: hgfarl
                      Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

                      Comment

                      • pocketkangaroo
                        Confirmed User
                        • Jan 2005
                        • 8452

                        #61
                        I will put XVN on everything I own if you do this.

                        Comment

                        • XPays
                          Team Player
                          • May 2004
                          • 13002

                          #62
                          all of the sponsors and those who were unjustly enriched (such as the ad spot broker) should have to pay.
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                          • FredIsMe
                            So Fucking Banned
                            • Dec 2004
                            • 2406

                            #63
                            Damn, I hope AFF will take care of this quickly

                            Comment

                            • XPays
                              Team Player
                              • May 2004
                              • 13002

                              #64
                              i have a call with the producer of the star jones show on court tv in 5 minutes. no joke.
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                              • baddog
                                So Fucking Banned
                                • Apr 2001
                                • 107089

                                #65
                                Originally posted by Far-L
                                Not necessarily - other than the vast fees paid for him by the plaintiffs to go after them
                                Paul's rates are quite reasonable.

                                Comment

                                • XPays
                                  Team Player
                                  • May 2004
                                  • 13002

                                  #66
                                  the star jones show is possibly doing a story on this issue. our site will be on the show tuesday for another story fyi--
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                                  • Damian_Maxcash
                                    So Fucking Banned
                                    • Oct 2002
                                    • 12745

                                    #67
                                    Originally posted by FredIsMe
                                    Damn, I hope AFF will take care of this quickly
                                    Of course telling AFF about it might be a good start......

                                    I would hope someone like XPays informed AFF of the problem as well as posting it here and waited a reasonable time for a response?

                                    Comment

                                    • EdgeXXX
                                      Confirmed User
                                      • Oct 2005
                                      • 5816

                                      #68
                                      Originally posted by damian2001
                                      Of course telling AFF about it might be a good start......

                                      I would hope someone like XPays informed AFF of the problem as well as posting it here and waited a reasonable time for a response?
                                      Well, considering that Lars himself has been monitoring this board and hasn't addressed this or "taken care" of the problem, I wouldn't get my hopes up...
                                      .
                                      .
                                      .
                                      .

                                      I have a sig

                                      Comment

                                      • spunkmister
                                        Confirmed User
                                        • Jun 2006
                                        • 1362

                                        #69
                                        Originally posted by damian2001
                                        Of course telling AFF about it might be a good start......

                                        I would hope someone like XPays informed AFF of the problem as well as posting it here and waited a reasonable time for a response?
                                        considering it seems to be a pre paid traffic deal AFF must have known what sites they were pre paying ads for.

                                        And how many times has the topic of AFF ads on torrent sites come up? has anything changed? are those adds still on those torrent sites?

                                        Comment

                                        • tony299
                                          lurker
                                          • Aug 2002
                                          • 57021

                                          #70
                                          I wonder what charity they will be giving to make everyone forget about this. lol

                                          Comment

                                          • spunkmister
                                            Confirmed User
                                            • Jun 2006
                                            • 1362

                                            #71
                                            Originally posted by tony404
                                            I wonder what charity they will be giving to make everyone forget about this. lol
                                            either that or LArs will come out with another thread saying they are now paying $300 per signup and "win $10,000 " contest thread

                                            Comment

                                            • Damian_Maxcash
                                              So Fucking Banned
                                              • Oct 2002
                                              • 12745

                                              #72
                                              Originally posted by EdgeXXX
                                              Well, considering that Lars himself has been monitoring this board and hasn't addressed this or "taken care" of the problem, I wouldn't get my hopes up...
                                              I think the issue is that people underestimate the size of Aff, Cams.com, Passion, alt.com etc.

                                              They will have 1000's of genuine and bullshit complaints everyday, each has to be looked at.

                                              Yet you guys want the boss to respond to everyone of your issues within a few hours.

                                              Get real!!

                                              Comment

                                              • spunkmister
                                                Confirmed User
                                                • Jun 2006
                                                • 1362

                                                #73
                                                Originally posted by damian2001
                                                I think the issue is that people underestimate the size of Aff, Cams.com, Passion, alt.com etc.

                                                They will have 1000's of genuine and bullshit complaints everyday, each has to be looked at.

                                                Yet you guys want the boss to respond to everyone of your issues within a few hours.

                                                Get real!!
                                                yes but when it's the same complaint being expressed over and over again and still nothing gets done then there is no point in waiting for an answer...and why is it that all the AFF reps stay clear of any thread that involves them being advertised on torrent sites?

                                                Comment

                                                • Far-L
                                                  Confirmed User
                                                  • Feb 2002
                                                  • 6065

                                                  #74
                                                  Originally posted by baddog
                                                  Paul's rates are quite reasonable.
                                                  Paul is great and his rates are entirely reasonable under the circumstances considering his background and experience - we have looked at hiring him too so I can say that in all fairness. But at over a few hundred per hour, plus any paralegal time, plus filing charges, and the immense work on briefs that will need to be prepared, no matter how you slice it the fact is that it will still cost a ton.

                                                  But we all know that is not a deterrent to us at HGV... we will always fight for the principles we stand on and the IP rights we must protect; we took on CE and Acacia and we are not scared to take on any other $100 million per year Goliaths...
                                                  HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
                                                  Contact
                                                  - Email: farrell AT homegrownvideo D com Skype: hgfarl
                                                  Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

                                                  Comment

                                                  • Brujah
                                                    Beer Money Baron
                                                    • Jan 2001
                                                    • 22157

                                                    #75
                                                    Originally posted by tony404
                                                    I wonder what charity they will be giving to make everyone forget about this. lol
                                                    It didn't look like anyone bothered to contribute to the last one (ASACP) when they held the $10,000 matching funds offer. Their biggest defenders and affiliates didn't even post or offer.

                                                    With FSC requesting donations now for their new scheme to investigate piracy after their huge 2257 success, maybe there will be another $10,000 matching funds and AFF will be a Platinum FSC sponsor while making no changes to their usual business model.

                                                    Comment

                                                    • Damian_Maxcash
                                                      So Fucking Banned
                                                      • Oct 2002
                                                      • 12745

                                                      #76
                                                      Originally posted by spunkmister
                                                      yes but when it's the same complaint being expressed over and over again and still nothing gets done then there is no point in waiting for an answer...and why is it that all the AFF reps stay clear of any thread that involves them being advertised on torrent sites?
                                                      Its the same as Google advertising on spam sites - many people hate it - but there are many 1000's (Millions?) Who do you blame - Google or the spam sites breaking the rules?

                                                      When u complain to a massive mainstream site do you expect an answer in a few mins?

                                                      Remember AFF are in a similar league.

                                                      Comment

                                                      • XPays
                                                        Team Player
                                                        • May 2004
                                                        • 13002

                                                        #77
                                                        Originally posted by damian2001
                                                        Its the same as Google advertising on spam sites - many people hate it - but there are many 1000's (Millions?) Who do you blame - Google or the spam sites breaking the rules?

                                                        When u complain to a massive mainstream site do you expect an answer in a few mins?

                                                        Remember AFF are in a similar league.
                                                        XPays has a specific person in legal at google who responds in minutes and takes swift action on all notices. He expects us to cc the general address and him even.
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                                                        • XPays
                                                          Team Player
                                                          • May 2004
                                                          • 13002

                                                          #78
                                                          aff and fleshlight et al are not even in the same class or category as google fyi as far as service providers vs commercial sites of a particular category etc.
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                                                          • Damian_Maxcash
                                                            So Fucking Banned
                                                            • Oct 2002
                                                            • 12745

                                                            #79
                                                            Originally posted by XPays
                                                            XPays has a specific person in legal at google who responds in minutes and takes swift action on all notices. He expects us to cc the general address and him even.
                                                            You offered AFF the same courtesy I assume before you posted this?

                                                            Comment

                                                            • XPays
                                                              Team Player
                                                              • May 2004
                                                              • 13002

                                                              #80
                                                              Originally posted by damian2001
                                                              You offered AFF the same courtesy I assume before you posted this?
                                                              we dmca'd the torrent site - that is our responsibility. aff can be c&d'd and/or sued without a dmca.
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                                                              • Damian_Maxcash
                                                                So Fucking Banned
                                                                • Oct 2002
                                                                • 12745

                                                                #81
                                                                Originally posted by XPays
                                                                we dmca'd the torrent site - that is our responsibility. aff can be c&d'd and/or sued without a dmca.
                                                                So you wont even give them a chance to deal with it?

                                                                How much have u made from suing people compared to making legit money from selling the vid?

                                                                Comment

                                                                • commonsense
                                                                  So Fucking Banned
                                                                  • Feb 2007
                                                                  • 1790

                                                                  #82
                                                                  Originally posted by damian2001
                                                                  So you wont even give them a chance to deal with it?

                                                                  How much have u made from suing people compared to making legit money from selling the vid?

                                                                  Why would they? So far there's been zero good faith effort from AFF.

                                                                  Comment

                                                                  • tranza
                                                                    ICQ: 197-556-237
                                                                    • Jun 2003
                                                                    • 57559

                                                                    #83
                                                                    AFF couldn't care less about adult webmasters really...

                                                                    I'm just a newbie.

                                                                    Comment

                                                                    • JMM
                                                                      Confirmed User
                                                                      • Apr 2001
                                                                      • 1755

                                                                      #84
                                                                      DMCA DMCA DMCA DMCA....

                                                                      Blah blah blah blah..

                                                                      Most of you do not understand the DMCA, or the law, or how things work.

                                                                      AFF is not a service provider and therefore is not afforded any type of DMCA safe harbor protection. AFF is, at the very least, a vicarious infringer, and almost certainly a contributory infringer.

                                                                      Secondly, xpays, or any other rights holder has NO LEGAL OBLIGATION to send a DMCA notice, or a cease and desist letter. None. A rights holder, upon discovering any infringement, can simply file suit. The infringing parties first notice that they are in trouble would be when the process server knocked on the door.

                                                                      A cease and desist letter is often sent as a courtesy, an opportunity to resolve the situation without the traumatic experience that litigation can become.

                                                                      In my book, AFF's actions have certainly not warranted any such courtesy.

                                                                      Comment

                                                                      • seeric
                                                                        ..........
                                                                        • Aug 2004
                                                                        • 41917

                                                                        #85
                                                                        Originally posted by Far-L
                                                                        Paul is great and his rates are entirely reasonable under the circumstances considering his background and experience - we have looked at hiring him too so I can say that in all fairness. But at over a few hundred per hour, plus any paralegal time, plus filing charges, and the immense work on briefs that will need to be prepared, no matter how you slice it the fact is that it will still cost a ton.

                                                                        But we all know that is not a deterrent to us at HGV... we will always fight for the principles we stand on and the IP rights we must protect; we took on CE and Acacia and we are not scared to take on any other $100 million per year Goliaths...
                                                                        i wish you could be at the round table.

                                                                        i'm just a dude. you guys know this stuff in side and out. having you there would make the discussion and end result far more beneficial to the industry as a whole. i would actually like to see you on the board.

                                                                        Comment

                                                                        • XPays
                                                                          Team Player
                                                                          • May 2004
                                                                          • 13002

                                                                          #86
                                                                          Originally posted by damian2001
                                                                          So you wont even give them a chance to deal with it?

                                                                          How much have u made from suing people compared to making legit money from selling the vid?

                                                                          we spend money enforcing so your second question is flawed. aff has a chance to deal with it NOW. there can be no compromise if the parties are taking stances, ie. XPays against unfair competition at torrents vs. AFF et al for....

                                                                          we are all entitled to opinions but ultimately any abuse of dmca provisions that are decided by a judge/jury will become a landmark for defining such a recent piece of legislation. XPays does not consider google or verio to be equivalent to AFF or Fleshlight as far as dmca is concerned.
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                                                                          • seeric
                                                                            ..........
                                                                            • Aug 2004
                                                                            • 41917

                                                                            #87
                                                                            Originally posted by JMM
                                                                            DMCA DMCA DMCA DMCA....

                                                                            Blah blah blah blah..

                                                                            Most of you do not understand the DMCA, or the law, or how things work.

                                                                            AFF is not a service provider and therefore is not afforded any type of DMCA safe harbor protection. AFF is, at the very least, a vicarious infringer, and almost certainly a contributory infringer.

                                                                            Secondly, xpays, or any other rights holder has NO LEGAL OBLIGATION to send a DMCA notice, or a cease and desist letter. None. A rights holder, upon discovering any infringement, can simply file suit. The infringing parties first notice that they are in trouble would be when the process server knocked on the door.

                                                                            A cease and desist letter is often sent as a courtesy, an opportunity to resolve the situation without the traumatic experience that litigation can become.

                                                                            In my book, AFF's actions have certainly not warranted any such courtesy.

                                                                            ^^^^^^what he said.

                                                                            5 people that i really really look up to on this subject.

                                                                            EVAN
                                                                            FAR-L
                                                                            JMM
                                                                            TUCKER
                                                                            PAUL BERRA

                                                                            Comment

                                                                            • XPays
                                                                              Team Player
                                                                              • May 2004
                                                                              • 13002

                                                                              #88
                                                                              Originally posted by JMM
                                                                              DMCA DMCA DMCA DMCA....

                                                                              Blah blah blah blah..

                                                                              Most of you do not understand the DMCA, or the law, or how things work.

                                                                              AFF is not a service provider and therefore is not afforded any type of DMCA safe harbor protection. AFF is, at the very least, a vicarious infringer, and almost certainly a contributory infringer.

                                                                              Secondly, xpays, or any other rights holder has NO LEGAL OBLIGATION to send a DMCA notice, or a cease and desist letter. None. A rights holder, upon discovering any infringement, can simply file suit. The infringing parties first notice that they are in trouble would be when the process server knocked on the door.

                                                                              A cease and desist letter is often sent as a courtesy, an opportunity to resolve the situation without the traumatic experience that litigation can become.

                                                                              In my book, AFF's actions have certainly not warranted any such courtesy.

                                                                              you beat me to it and quite elegantly at that.
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                                                                              • baddog
                                                                                So Fucking Banned
                                                                                • Apr 2001
                                                                                • 107089

                                                                                #89
                                                                                Originally posted by Brujah
                                                                                It didn't look like anyone bothered to contribute to the last one (ASACP) when they held the $10,000 matching funds offer. Their biggest defenders and affiliates didn't even post or offer.
                                                                                hmmm, I seem to recall Joan coming up to me and thanking me for my donation.

                                                                                Comment

                                                                                • RawAlex
                                                                                  So Fucking Banned
                                                                                  • Oct 2003
                                                                                  • 9465

                                                                                  #90
                                                                                  Originally posted by Brujah
                                                                                  It didn't look like anyone bothered to contribute to the last one (ASACP) when they held the $10,000 matching funds offer. Their biggest defenders and affiliates didn't even post or offer.

                                                                                  With FSC requesting donations now for their new scheme to investigate piracy after their huge 2257 success, maybe there will be another $10,000 matching funds and AFF will be a Platinum FSC sponsor while making no changes to their usual business model.
                                                                                  It already exists, please check the FSC site... Since late June that AFF has had a matching funds offer on FSC. Funny how they sudden decided around the same time that piracy was an issue they should look into (very slowly).

                                                                                  Comment

                                                                                  • XPays
                                                                                    Team Player
                                                                                    • May 2004
                                                                                    • 13002

                                                                                    #91
                                                                                    Pornorip has not responded to the DMCA as of yet. AFF can start showing good faith by insisting that their agent/pornorip takes swift action. The clock is ticking anyway. XPays reserves all its rights of enforcement and other rights it possesses notwithstanding the aforementioned suggestion.
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                                                                                    • steved
                                                                                      Confirmed User
                                                                                      • Nov 2003
                                                                                      • 1963

                                                                                      #92
                                                                                      If I find anything, I will post it...

                                                                                      Comment

                                                                                      • seeric
                                                                                        ..........
                                                                                        • Aug 2004
                                                                                        • 41917

                                                                                        #93
                                                                                        evan makes me horny with all these legal talk

                                                                                        Comment

                                                                                        • pocketkangaroo
                                                                                          Confirmed User
                                                                                          • Jan 2005
                                                                                          • 8452

                                                                                          #94
                                                                                          Originally posted by damian2001
                                                                                          So you wont even give them a chance to deal with it?

                                                                                          How much have u made from suing people compared to making legit money from selling the vid?

                                                                                          Why does he need to give them a chance? They are on almost every torrent site out there and shown little disregard for it. Talk is cheap and Evan seems to have stopped the bullshit talk that everyone has on the boards and is finally taking action.

                                                                                          Comment

                                                                                          • Far-L
                                                                                            Confirmed User
                                                                                            • Feb 2002
                                                                                            • 6065

                                                                                            #95
                                                                                            Originally posted by A1R3K
                                                                                            ^^^^^^what he said.

                                                                                            5 people that i really really look up to on this subject.

                                                                                            EVAN
                                                                                            FAR-L
                                                                                            JMM
                                                                                            TUCKER
                                                                                            PAUL BERRA
                                                                                            Thank you! Honored.

                                                                                            I can't make it but I will talk with my partner Spike about getting over there.
                                                                                            HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
                                                                                            Contact
                                                                                            - Email: farrell AT homegrownvideo D com Skype: hgfarl
                                                                                            Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

                                                                                            Comment

                                                                                            • xclusive
                                                                                              Too lazy to set a custom title
                                                                                              • Apr 2004
                                                                                              • 35218

                                                                                              #96
                                                                                              LOL at Damian. Sometimes I think you are Lars fake nick. They have been told hundreds of times on this board alone that they are on torrent sites. They don't care and welcome any traffic they can get. They are very bad for the industry. I'm going away early next week for a few days. But when I get back i'm going to be doing some digging. I don't care who's dirty laundry that I expose either. It's time for the bullshit to stop. I'll expose all the dirty fuckers and make sure they are held accountable. I of course will have lots of facts to back up what I say. I'm very happy that Evan is finally stepping up to the plate here along with Air3k and Far-L and JMM. I just hope that I can help out a little along the way. This is my career and if these fuckers think they can get away with fucking it over any longer they are sorely mistaken.

                                                                                              I support MediumPimpin.com / Shemp's Outlawtgp.com /


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                                                                                              • seeric
                                                                                                ..........
                                                                                                • Aug 2004
                                                                                                • 41917

                                                                                                #97
                                                                                                Originally posted by Far-L
                                                                                                Thank you! Honored.

                                                                                                I can't make it but I will talk with my partner Spike about getting over there.
                                                                                                all the same. i respect spike immensely on this subject

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                                                                                                • Damian_Maxcash
                                                                                                  So Fucking Banned
                                                                                                  • Oct 2002
                                                                                                  • 12745

                                                                                                  #98
                                                                                                  Originally posted by xclusive
                                                                                                  LOL at Damian. Sometimes I think you are Lars fake nick..........
                                                                                                  Biggest compliment I have ever been paid on GFY........

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                                                                                                  • Doctor Dre
                                                                                                    Too lazy to set a custom title
                                                                                                    • Jan 2001
                                                                                                    • 51692

                                                                                                    #99
                                                                                                    Originally posted by damian2001
                                                                                                    So you wont even give them a chance to deal with it?

                                                                                                    How much have u made from suing people compared to making legit money from selling the vid?

                                                                                                    AFF has had plenty of time to get their shit straight, they don't make any effort in preventing and they haven't acted in a timley manner on concerns.

                                                                                                    All they care is about the money commin in at the end of the day, not how it's getting there.
                                                                                                    Originally posted by rayadp05
                                                                                                    I rebooted, deleted temp files, history, cookies and everything...still cannot view the news clip. All I see is that fucking gay ass music video from "Rick Roll". Anyone else have a different link to the news clip?

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                                                                                                    • Damian_Maxcash
                                                                                                      So Fucking Banned
                                                                                                      • Oct 2002
                                                                                                      • 12745

                                                                                                      #100
                                                                                                      Originally posted by Doctor Dre
                                                                                                      AFF has had plenty of time to get their shit straight, they don't make any effort in preventing and they haven't acted in a timley manner on concerns.

                                                                                                      All they care is about the money commin in at the end of the day, not how it's getting there.
                                                                                                      The guy was banned from AFF long before this thread - how do I know this? I made the time to ask. More than you did.

                                                                                                      If any one should be suing XPays, perhaps AFF should be suing you?

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