Quote:
Originally posted by <IMX>
The principles behind APIC seem to be legitimate; however, their enforcement seems more suited to the old west. The ironic thing is, APIC seems to follow the same methods that more than a few sponsors do--shoot first, ask questions later.
The exchange between Lensman and APIC was not only unproductive, it was unacceptable. How can anyone take such an organization seriously after they attack a well known sponsor with arrogance and attitude in the place of substance?
However, I understand that APIC seems to be the only organization that assists content providers, so I understand Charly's decision to accept the good with the bad.
I'm sure if Charly and other content providers found a similar organization that behaved in a more professional manner--treating their current and futures clients as well as colleagues with the benefit of some due process-- perhaps they would use them.
Charly would you use another organization for copyright and trademark enforcement?
I think that is an important question.
Perhaps that new "adult webmaster" lobby will create a division for sponsors and content providers to enforce trademark and copyright law.
just my
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This is not true, APIC is NOT the only one, we have been doing this for about 5 years now. In addition to being a content provider and paysite operator, we also work with 25 companies as their designated agent in regards to infringement. Our philosophy is different from APICS however on many fronts. First and foremost, it is our philosophy that the content provider/owner get paid for the illegal use of their property. Here is our process:
1. We sign a contract with the content provider/owner that appoints us their designated agent.
2. A site using illegal content is identified.
3. The infringement is documented using screen captures.
4. A cease and desist letter is sent to the site owner ordering them to immediately cease and desist from the unauthorized and illegal use of our clients property. They are given 72 hours to comply and respond.
5. Once they have complied and responded, they are sent a demand in settlement letter. The DIS letter basically outlines the content owners rights under the law (civil only, we never mention the criminal) and the site owners liability under the law. The site owner is then given an opportunity to pay a fine, usually between $1000 and $5000. They are also given an oppurtunity to pay the fine by licensing content from the content provider they have stolen from (usually double the amount of the cash fine).
Most of the time, the matter is resolved this way and no further action is needed. Everyone wins. The site owner now has legal content, and the content owner has gotten paid for the illegal and unauthorized use of their content.
However, if the site owner does not respond, or does not comply, then the first DMCA letter is sent. It is sent to the host, and in the case of a pay site, the billing company. We do not go after the sponsors. We do however notify the sponsors of what is happening and give them the opportunity to take their own action.
If the site owner does not respond or comply, and the host or billing company has acted properly (they all usually do) then the case is documented and given to legal counsel. At that point, legal counsel will contact the site owner with the same procedures outlined above and the amount of the fine doubles.
If the lawyer cant get anywhere, the case is then packaged, with all pertinent info and given to the content owner. The content owner then makes the decision whether or not to litigate. At this point, we are out of it.
By contacting the site owner FIRST, any damage as a result of mistakes is nullified. However, if the infringement is real, and not a mistake, then the content owner benefits financially. In addition, they may now have a good future customer. In addition, the infringement is stopped.
In most cases we are able to spank the infringer while telling them how much we love them. It's the old "this is going to hurt me more than it is going to hurt you" routine.
That's how we do it.