Content Sellers Harassing About USE

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  • PSSuperstars
    Confirmed User
    • Jan 2006
    • 1477

    #1

    Content Sellers Harassing About USE

    Recently I've experienced second hand.. thru a contractor... a particular content producer who sold his content to a reseller.


    The reseller gave the girl who works for me ONE contract.. that didn't mention banners or topsites or any limitations on promotion...

    Well now the actual producer is emailing topsites and promotion sites that she has her banner on... and sending them cease and desist letters...

    The woman doesn't even have a CONTRACT with the producer... her contract is with the reseller...

    is this harassment? or is this a content producer just pissed off that he sold to someone who is saturating his content?
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  • PervertInPueblaMexico
    Confirmed User
    • Jun 2008
    • 202

    #2
    It sounds like you need to contact me about some content.. There is information about me in the following thread, I can get you whatever you need.

    http://www.gofuckyourself.com/showthread.php?t=837679

    Regards!
    David

    Comment

    • marketsmart
      HOMICIDAL TROLL KILLER
      • Dec 2004
      • 20419

      #3
      please name the content provider so i can avoid them...

      Comment

      • Grapesoda
        So Fucking Banned
        • Jul 2003
        • 46234

        #4
        Originally posted by marketsmart
        please name the content provider so i can avoid them...
        sure the fuck wasn't me... I only shoot custom exclusive content. hit me up if you need some. no fucking problems with me -bmb

        Comment

        • yahoo-xxx-girls.com
          Confirmed User
          • Jul 2006
          • 3143

          #5
          Originally posted by PSSuperstars
          Recently I've experienced second hand.. thru a contractor... a particular content producer who sold his content to a reseller.


          The reseller gave the girl who works for me ONE contract.. that didn't mention banners or topsites or any limitations on promotion...

          Well now the actual producer is emailing topsites and promotion sites that she has her banner on... and sending them cease and desist letters...

          The woman doesn't even have a CONTRACT with the producer... her contract is with the reseller...

          is this harassment? or is this a content producer just pissed off that he sold to someone who is saturating his content?
          If you paid for content from an actor with no contract and an agency tries to claim they own all property of the actor then its the actors responsibility, from what I understand to cover any damages from the company he or she has a legal contract with for content... now if the actor had no contract at the time of your content being made then the company as you have indicated is causing damage to you financially and you should take them to court for damages...
          sig too big

          Comment

          • PSSuperstars
            Confirmed User
            • Jan 2006
            • 1477

            #6
            The original content was sold by photorama... which I've NEVER had an issue with. EVER. They're the reseller.

            The original producer who is not honoring the photorama agreement is: asianxxxcontent.com ....

            Asian XXX is expecting her to honor HIS agreement... when her purchasing agreement is thru Photorama....

            Again, he's contacting every phone sex topsite he finds her banner on.. and sending them cease and desist letters..

            I could understand if she was breaking her original photorama agreement.. and it was photorama harassing her..

            but asianxxxcontent.com doesn't even have any signed documents or money trail to her. Her business was with photorama...

            She's just gonna change out the model to someone who looks similar... and chalk it up to a lesson learned..

            But I just thought it'd be nice to get it out there how assy asianxxxcontent.com is being.
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            • PSSuperstars
              Confirmed User
              • Jan 2006
              • 1477

              #7
              asianxxxcontent.com also just disabled her domain name thru dreamhost.

              I just don't understand how he thinks he can do that.. when her agreement is with photorama.. not him.
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              • marketsmart
                HOMICIDAL TROLL KILLER
                • Dec 2004
                • 20419

                #8
                Originally posted by PSSuperstars
                The original content was sold by photorama... which I've NEVER had an issue with. EVER. They're the reseller.

                The original producer who is not honoring the photorama agreement is: asianxxxcontent.com ....

                Asian XXX is expecting her to honor HIS agreement... when her purchasing agreement is thru Photorama....

                Again, he's contacting every phone sex topsite he finds her banner on.. and sending them cease and desist letters..

                I could understand if she was breaking her original photorama agreement.. and it was photorama harassing her..

                but asianxxxcontent.com doesn't even have any signed documents or money trail to her. Her business was with photorama...

                She's just gonna change out the model to someone who looks similar... and chalk it up to a lesson learned..

                But I just thought it'd be nice to get it out there how assy asianxxxcontent.com is being.
                well thats good to know, especially since i own a bunch of his content and i dont think i ever got a signed agreement since i bought it through a reseller/agent (or whatever the relationship was)...

                however, i will say that i am pretty sure that asianxxxcontents agreement supercedes photorama's agreement with your friend..

                maybe you should find out or ask to see photoramas agreement with asianxxxcontent and see if they match in terms of acceptable use...

                Comment

                • marketsmart
                  HOMICIDAL TROLL KILLER
                  • Dec 2004
                  • 20419

                  #9
                  Originally posted by PSSuperstars
                  asianxxxcontent.com also just disabled her domain name thru dreamhost.

                  I just don't understand how he thinks he can do that.. when her agreement is with photorama.. not him.
                  how can he disable her domain? sounds like she needs a lawyer..

                  now there are damages...

                  Comment

                  • PSSuperstars
                    Confirmed User
                    • Jan 2006
                    • 1477

                    #10
                    Originally posted by marketsmart
                    well thats good to know, especially since i own a bunch of his content and i dont think i ever got a signed agreement since i bought it through a reseller/agent (or whatever the relationship was)...

                    however, i will say that i am pretty sure that asianxxxcontents agreement supercedes photorama's agreement with your friend..

                    maybe you should find out or ask to see photoramas agreement with asianxxxcontent and see if they match in terms of acceptable use...
                    If AsianXXX's supercedes photorama.. then what's the point of photorama even having one? And why isn't it mentioned when you buy from photorama that the photographer MAY get a bug up his ass one day?

                    photorama just offers a free set.. and says I'm sorry.
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                    • PSSuperstars
                      Confirmed User
                      • Jan 2006
                      • 1477

                      #11
                      Originally posted by marketsmart
                      how can he disable her domain? sounds like she needs a lawyer..

                      now there are damages...
                      He sent dreamhost a DMCA
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                      • After Shock Media
                        It's coming look busy
                        • Mar 2001
                        • 35299

                        #12
                        Originally posted by PSSuperstars
                        He sent dreamhost a DMCA
                        Sounds an awful lot like someone never followed up with paperwork and really should have. Everyone really needs to have proof that they are allowed to use a copyrighted item no matter how they aquired it.

                        A DMCA just does not kill a domain.

                        [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

                        Comment

                        • marketsmart
                          HOMICIDAL TROLL KILLER
                          • Dec 2004
                          • 20419

                          #13
                          Originally posted by PSSuperstars
                          If AsianXXX's supercedes photorama.. then what's the point of photorama even having one? And why isn't it mentioned when you buy from photorama that the photographer MAY get a bug up his ass one day?

                          photorama just offers a free set.. and says I'm sorry.
                          because of photorama has an agreement that allows for banners, etc, but their agreement with asianxxx doesnt allow for that then they (photorama) are liable for damages bec ause they are granting rights that they dont have permission to grant...

                          i would get to the bottom of this if i were you...

                          Comment

                          • PSSuperstars
                            Confirmed User
                            • Jan 2006
                            • 1477

                            #14
                            But the proof she does have is her photorama sales contract... plus 2257 stuff...

                            and AsianXXX is now saying that the photorama sales contract isn't the one that matters...

                            So I dunno.

                            Problem is.. these are solo phone girls in most instances... Not some million dollar corporation.. so I think sometimes they think they can bully the "little housewife at home" around.... It's sad.

                            I told her to send her photorama sales contract to dreamhost.... see what happens.
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                            • marketsmart
                              HOMICIDAL TROLL KILLER
                              • Dec 2004
                              • 20419

                              #15
                              Originally posted by PSSuperstars
                              If AsianXXX's supercedes photorama.. then what's the point of photorama even having one? And why isn't it mentioned when you buy from photorama that the photographer MAY get a bug up his ass one day?

                              photorama just offers a free set.. and says I'm sorry.
                              Originally posted by After Shock Media
                              Sounds an awful lot like someone never followed up with paperwork and really should have. Everyone really needs to have proof that they are allowed to use a copyrighted item no matter how they aquired it.

                              A DMCA just does not kill a domain.
                              no, it doesnt sound like that at all.. it sounds like a reseller gave permission to do something that the copyright holder did not allow..

                              or the customer didnt follow the agreement with the reseller..

                              Comment

                              • marketsmart
                                HOMICIDAL TROLL KILLER
                                • Dec 2004
                                • 20419

                                #16
                                Originally posted by PSSuperstars
                                But the proof she does have is her photorama sales contract... plus 2257 stuff...

                                and AsianXXX is now saying that the photorama sales contract isn't the one that matters...

                                So I dunno.

                                Problem is.. these are solo phone girls in most instances... Not some million dollar corporation.. so I think sometimes they think they can bully the "little housewife at home" around.... It's sad.

                                I told her to send her photorama sales contract to dreamhost.... see what happens.
                                again, i would ask to see a copy of the terms of photoramas contract with asianxxx...
                                if asianxx has a contract with photorama that allows what your friend is doing with content, then thats what matters...

                                Comment

                                • PSSuperstars
                                  Confirmed User
                                  • Jan 2006
                                  • 1477

                                  #17
                                  Thank you guys for talking it over
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                                  • After Shock Media
                                    It's coming look busy
                                    • Mar 2001
                                    • 35299

                                    #18
                                    You would think dreamhost would follow dmca and allow her to of responded first anyways so that is either a little fishy or they really do suck hard.

                                    A sales contract is not the same as a license agreement though and I hope that is what she is referring to. Just because you can show you bought something from some third party or even the provider directly, that does not supercede the license agreement and rules. Hell most do not seem to grasp this whole copyright issue ordeal and how for instance a designer you paid to design your site could change his fucking mind after you paid them and have you pull it down without you having proof you have rights to it.

                                    Oh and just because it was bought from a 3rd party does not at all limit the copyright holders abilities and rights.

                                    [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

                                    Comment

                                    • Barefootsies
                                      Choice is an Illusion
                                      • Feb 2005
                                      • 42635

                                      #19
                                      So much miss information.

                                      If photorama, and whomever, has a contract or license with limitations that supersedes any third party 'agreements'.

                                      If I sell to ASM, and say no tubes, no this no that, and they in turn as a reseller give those rights to someone else. That someone else is not protected under their license or agreement. It doesn't work that way.

                                      Same as someone steals a car, sells it to some crack head for $50.00 and then the cops recover the car. Crackhead does not keep the car, or get their money back. Unless they sue whomever sold it to them.

                                      From the limited details in this post, it sounds like there may be some of this going on, and the DMCA, and copyright enforcement would be within the original content producers rights, and license.

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                                      Enough Said.

                                      "Would you rather live like a king for a year or like a prince forever?"

                                      Comment

                                      • marketsmart
                                        HOMICIDAL TROLL KILLER
                                        • Dec 2004
                                        • 20419

                                        #20
                                        Originally posted by After Shock Media
                                        You would think dreamhost would follow dmca and allow her to of responded first anyways so that is either a little fishy or they really do suck hard.

                                        A sales contract is not the same as a license agreement though and I hope that is what she is referring to. Just because you can show you bought something from some third party or even the provider directly, that does not supercede the license agreement and rules. Hell most do not seem to grasp this whole copyright issue ordeal and how for instance a designer you paid to design your site could change his fucking mind after you paid them and have you pull it down without you having proof you have rights to it.

                                        Oh and just because it was bought from a 3rd party does not at all limit the copyright holders abilities and rights.
                                        agreed, thats why the agreement between photo and asian vs photo and end user is important..

                                        Comment

                                        • Barefootsies
                                          Choice is an Illusion
                                          • Feb 2005
                                          • 42635

                                          #21
                                          Originally posted by After Shock Media
                                          You would think dreamhost would follow dmca and allow her to of responded first anyways so that is either a little fishy or they really do suck hard.
                                          Well, they do not have to follow DCMA when they have a TOS. They can opt to enforce that, and the DMCA was just the catalyst.

                                          For example, on copyright infringement... for some web hosts they can/could/did kill your account immediately upon notice. No DMCA needed. DMCA is just a CYA for them.
                                          Should You Email Your Members?

                                          Link1 | Link2 | Link3

                                          Enough Said.

                                          "Would you rather live like a king for a year or like a prince forever?"

                                          Comment

                                          • marketsmart
                                            HOMICIDAL TROLL KILLER
                                            • Dec 2004
                                            • 20419

                                            #22
                                            Allowed Digital Still Image Usage:
                                            Licensee may use up to 5% of the content (rounded to the nearest whole number) for banners, logos, and HTML design. In sets of less than 20 images, one image can be used for those purposes. Banners with licensed content on them must be linked to a site owned by licensee, and content used in HTML design elements must be located on a website owned by the licensee. Up to thirty (30) images may be used at one time in a thumbnail post URL, so long as the material remains hosted at the licensee's website. If the material is to be hosted at the Thumbnail post's URL, then up to fifteen (15) images may be used, providing that all images are clearly identified as being from the Licensee owned site, and a link to that site is provided.

                                            Comment

                                            • marketsmart
                                              HOMICIDAL TROLL KILLER
                                              • Dec 2004
                                              • 20419

                                              #23
                                              thats from his site, so it seems like he asian xxx is fucked...

                                              nevermind... it says logos on licensee owned site.. so unless photo has something different in writting, your friend is SOL
                                              Last edited by marketsmart; 07-07-2008, 08:11 PM.

                                              Comment

                                              • After Shock Media
                                                It's coming look busy
                                                • Mar 2001
                                                • 35299

                                                #24
                                                Originally posted by Barefootsies
                                                Well, they do not have to follow DCMA when they have a TOS. They can opt to enforce that, and the DMCA was just the catalyst.

                                                For example, on copyright infringement... for some web hosts they can/could/did kill your account immediately upon notice. No DMCA needed. DMCA is just a CYA for them.
                                                Ya and no arguement there, also would list them into the sucks ass category for me. I am happy to know my host would at very least allow me to provide some evidence before fucking with me.

                                                [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

                                                Comment

                                                • stickyfingerz
                                                  Doin fine
                                                  • Oct 2005
                                                  • 24984

                                                  #25
                                                  Interesting since he never gave out a license with his content. Came like this. Content zip, 2257 zip. Inside 2257 was model ids, and model release,and occasionally pics of the model holding id but rarely, and sometimes a translated id sheet. Maybe he started now, but he never used to. So no contract came with the content.

                                                  Take that how you will.

                                                  Comment

                                                  • After Shock Media
                                                    It's coming look busy
                                                    • Mar 2001
                                                    • 35299

                                                    #26
                                                    Originally posted by marketsmart
                                                    Allowed Digital Still Image Usage:
                                                    Licensee may use up to 5% of the content (rounded to the nearest whole number) for banners, logos, and HTML design. In sets of less than 20 images, one image can be used for those purposes. Banners with licensed content on them must be linked to a site owned by licensee, and content used in HTML design elements must be located on a website owned by the licensee. Up to thirty (30) images may be used at one time in a thumbnail post URL, so long as the material remains hosted at the licensee's website. If the material is to be hosted at the Thumbnail post's URL, then up to fifteen (15) images may be used, providing that all images are clearly identified as being from the Licensee owned site, and a link to that site is provided.
                                                    Originally posted by marketsmart
                                                    thats from his site, so it seems like he asian xxx is fucked...

                                                    nevermind... it says logos on licensee owned site.. so unless photo has something different in writting, your friend is SOL
                                                    I had zero doubt that it was not that same boiler plate content license agreement from a decade ago that is long past its useful age. Hell providers are still using that damn license today. Not sure who the original author was, yet they have possibly been pirated more than any other item in this industry.

                                                    [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

                                                    Comment

                                                    • After Shock Media
                                                      It's coming look busy
                                                      • Mar 2001
                                                      • 35299

                                                      #27
                                                      Originally posted by stickyfingerz
                                                      Interesting since he never gave out a license with his content. Came like this. Content zip, 2257 zip. Inside 2257 was model ids, and model release,and occasionally pics of the model holding id but rarely, and sometimes a translated id sheet. Maybe he started now, but he never used to. So no contract came with the content.

                                                      Take that how you will.
                                                      That would translate into you being an idiot for not demanding one or demanding your money back unless he gave you a signed one. If someone went ahead and used such content without a license well I guess they will learn their lesson one day or perhaps should treat it more like a business.

                                                      [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

                                                      Comment

                                                      • marketsmart
                                                        HOMICIDAL TROLL KILLER
                                                        • Dec 2004
                                                        • 20419

                                                        #28
                                                        Originally posted by After Shock Media
                                                        I had zero doubt that it was not that same boiler plate content license agreement from a decade ago that is long past its useful age. Hell providers are still using that damn license today. Not sure who the original author was, yet they have possibly been pirated more than any other item in this industry.
                                                        i know right... i still ocassionally run into someones T&C's and find links to another sites that they missed when doing a find and replace..

                                                        Comment

                                                        • Barefootsies
                                                          Choice is an Illusion
                                                          • Feb 2005
                                                          • 42635

                                                          #29
                                                          Originally posted by After Shock Media
                                                          I am happy to know my host would at very least allow me to provide some evidence before fucking with me.
                                                          Dat's because you are da king, Northern California, hoss.
                                                          Should You Email Your Members?

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                                                          Enough Said.

                                                          "Would you rather live like a king for a year or like a prince forever?"

                                                          Comment

                                                          • Barefootsies
                                                            Choice is an Illusion
                                                            • Feb 2005
                                                            • 42635

                                                            #30
                                                            Originally posted by marketsmart
                                                            your friend is SOL
                                                            Should You Email Your Members?

                                                            Link1 | Link2 | Link3

                                                            Enough Said.

                                                            "Would you rather live like a king for a year or like a prince forever?"

                                                            Comment

                                                            • Barefootsies
                                                              Choice is an Illusion
                                                              • Feb 2005
                                                              • 42635

                                                              #31
                                                              Originally posted by After Shock Media
                                                              That would translate into you being an idiot for not demanding one or demanding your money back unless he gave you a signed one. If someone went ahead and used such content without a license well I guess they will learn their lesson one day or perhaps should treat it more like a business.
                                                              Spot on.

                                                              When will people learn this is a BUSINESS and need to treat it as one? Including LLC and business bank accounts. Also, preferably ST/Fed tax ID.

                                                              I have this discussion all the time on DP, and some other WM sites. If you are going to be in the online game, you need to run everything like a business.

                                                              No handshakes. No back alley or ICQ crap. You have it in writing and signed. I know when I have sold/licensed content. It is very clear on how material can be used, including tube sites, and even transfer of ownership should their business go under.

                                                              Friends is friends. This is business.
                                                              Last edited by Barefootsies; 07-07-2008, 08:23 PM.
                                                              Should You Email Your Members?

                                                              Link1 | Link2 | Link3

                                                              Enough Said.

                                                              "Would you rather live like a king for a year or like a prince forever?"

                                                              Comment

                                                              • PSSuperstars
                                                                Confirmed User
                                                                • Jan 2006
                                                                • 1477

                                                                #32
                                                                Yea she's gonna just switch it out.. to a more phone sex friendly/promotion friendly content place...

                                                                and be really weary of the 3rd party places...


                                                                Most content providers realize that phone sex is a really small niche.. we don't do FHG's.. we don't do TGP's.. we don't do tubes... we stay in our little niche.. so most content providers are usually alot nicer/less structured with us..

                                                                but apparently this guy had a hardon for her..
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                                                                • PSSuperstars
                                                                  Confirmed User
                                                                  • Jan 2006
                                                                  • 1477

                                                                  #33
                                                                  Originally posted by Barefootsies
                                                                  Spot on.

                                                                  When will people learn this is a BUSINESS and need to treat it as one? Including LLC and business bank accounts. Also, preferably ST/Fed tax ID.

                                                                  I have this discussion all the time on DP, and some other WM sites. If you are going to be in the online game, you need to run everything like a business.

                                                                  No handshakes. No back alley or ICQ crap. You have it in writing and signed. I know when I have sold/licensed content. It is very clear on how material can be used, including tube sites, and even transfer of ownership should their business go under.

                                                                  Friends is friends. This is business.
                                                                  Yea but alot of times.. your phone sex operators buying content are independent contractor women... who are SMALL FISH getting into this game... but definitely lessons like this get learned quickly...

                                                                  ty guys for being so professional about all this.
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                                                                  • Barefootsies
                                                                    Choice is an Illusion
                                                                    • Feb 2005
                                                                    • 42635

                                                                    #34
                                                                    Originally posted by PSSuperstars
                                                                    so most content providers are usually alot nicer/less structured with us..
                                                                    That's understandable toots based on your niche. However, business dealings, and especially licenses need to be detailed in both current, and future uses. Especially in the regard to resale.

                                                                    As mentioned previously, there could be more to this story, and since no one has seen the agreements, or what is all going on here, there simply could be misunderstandings. But, on the face value based on what I have read.

                                                                    The original copyright holder is well within his enforcement. Hard on or not.
                                                                    Should You Email Your Members?

                                                                    Link1 | Link2 | Link3

                                                                    Enough Said.

                                                                    "Would you rather live like a king for a year or like a prince forever?"

                                                                    Comment

                                                                    • Barefootsies
                                                                      Choice is an Illusion
                                                                      • Feb 2005
                                                                      • 42635

                                                                      #35
                                                                      Originally posted by PSSuperstars
                                                                      Yea but alot of times.. your phone sex operators buying content are independent contractor women... who are SMALL FISH getting into this game... but definitely lessons like this get learned quickly...

                                                                      ty guys for being so professional about all this.
                                                                      More than welcome chief.

                                                                      I think overall, you had some good input based on what info was available. Also, you are right in saying that, 'this is a lesson learned'.
                                                                      Should You Email Your Members?

                                                                      Link1 | Link2 | Link3

                                                                      Enough Said.

                                                                      "Would you rather live like a king for a year or like a prince forever?"

                                                                      Comment

                                                                      • PSSuperstars
                                                                        Confirmed User
                                                                        • Jan 2006
                                                                        • 1477

                                                                        #36
                                                                        Yep... and I think she gets that now.. but there was definitely some communication problems between them all... between photorama and asianxxx ... photorama and her...
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                                                                        • yahoo-xxx-girls.com
                                                                          Confirmed User
                                                                          • Jul 2006
                                                                          • 3143

                                                                          #37
                                                                          Originally posted by marketsmart
                                                                          how can he disable her domain? sounds like she needs a lawyer..

                                                                          now there are damages...
                                                                          Yea... I think legal action should occur.
                                                                          sig too big

                                                                          Comment

                                                                          • Barefootsies
                                                                            Choice is an Illusion
                                                                            • Feb 2005
                                                                            • 42635

                                                                            #38
                                                                            Originally posted by PSSuperstars
                                                                            Yep... and I think she gets that now.. but there was definitely some communication problems between them all... between photorama and asianxxx ... photorama and her...
                                                                            It definitely sounds like it on all accounts.

                                                                            Which can happen on content deals. I know that having it in writing has help, especially us, in clearing up that confusion. So they know what they can and can't do with it, and what they are licensed for and not.

                                                                            As previously mentioned, we even spell out how much is allowed on a tube site in length, and clip(s). We protect our content, not just on copyright, but saturation. However, not everyone is forward thinking.
                                                                            Should You Email Your Members?

                                                                            Link1 | Link2 | Link3

                                                                            Enough Said.

                                                                            "Would you rather live like a king for a year or like a prince forever?"

                                                                            Comment

                                                                            • spacedog
                                                                              Yes that IS me. Bitch.
                                                                              • Nov 2001
                                                                              • 14149

                                                                              #39
                                                                              good luck,, hope you get this worked out

                                                                              Comment

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

                                                                                #40
                                                                                Very interesting!
                                                                                I'm just a newbie.

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                                                                                • shadowsdrop
                                                                                  Confirmed User
                                                                                  • Nov 2005
                                                                                  • 170

                                                                                  #41
                                                                                  It is important to mention the name of that contractor. please do.
                                                                                  Sig too big

                                                                                  http://www.gofuckyourself.com/gfy_faqs.html

                                                                                  Want to use a large banner in your sig??? Contact Eric about getting on as an advertiser - eric AT adult.com

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                                                                                  • axc
                                                                                    Registered User
                                                                                    • Jun 2008
                                                                                    • 18

                                                                                    #42
                                                                                    I just looked up the License on Photorama and two, arguably three, items were violated, which are also included in our license.

                                                                                    Originally posted by PSSuperstars
                                                                                    Recently I've experienced second hand.. thru a contractor... a particular content producer who sold his content to a reseller.


                                                                                    The reseller gave the girl who works for me ONE contract.. that didn't mention banners or topsites or any limitations on promotion...

                                                                                    Well now the actual producer is emailing topsites and promotion sites that she has her banner on... and sending them cease and desist letters...

                                                                                    The woman doesn't even have a CONTRACT with the producer... her contract is with the reseller...

                                                                                    is this harassment? or is this a content producer just pissed off that he sold to someone who is saturating his content?

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                                                                                    • axc
                                                                                      Registered User
                                                                                      • Jun 2008
                                                                                      • 18

                                                                                      #43
                                                                                      You guys don't have your facts in order here.

                                                                                      Both Photorama's and Asian XXX Content's license were violated in more than one area.

                                                                                      I sent the party proper notification with compliance options, but did not receive a reply from them until I carried out the next step, which is to notify hosting providers with a DMCA Infringement letter.

                                                                                      The host has the option of removing the content in question or shutting down the site until the customer removes the content in question. The host can be liable for damages up to $100,000.00 so they generally comply immediately.

                                                                                      A copyright holder reserves the right revoke a license at any time and for any reason. They may also change their license at any time without notice. Either way, there is no legal recourse. It's up to the copyright holder to enforce it or not.

                                                                                      We are not trying to be assholes here, we are just giving value to our license and enforcing it. It's too bad that a single person rather than a business was affected here as I'm sure it may have some impact.

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                                                                                      Comment

                                                                                      • AaronM
                                                                                        GFY Royality ;)
                                                                                        • Oct 2001
                                                                                        • 46917

                                                                                        #44
                                                                                        Originally posted by PSSuperstars
                                                                                        Recently I've experienced second hand.. thru a contractor... a particular content producer who sold his content to a reseller.


                                                                                        The reseller gave the girl who works for me ONE contract.. that didn't mention banners or topsites or any limitations on promotion...

                                                                                        Well now the actual producer is emailing topsites and promotion sites that she has her banner on... and sending them cease and desist letters...

                                                                                        The woman doesn't even have a CONTRACT with the producer... her contract is with the reseller...

                                                                                        is this harassment? or is this a content producer just pissed off that he sold to someone who is saturating his content?

                                                                                        I haven't read the rest of this thread so this may have already been stated.

                                                                                        If YOUR license does not show that you have the right to use the content on banners, topsites, or promotional stuff then you have no business doing so.

                                                                                        For the record, this is exactly why you should buy direct from content producers.

                                                                                        Comment

                                                                                        • axc
                                                                                          Registered User
                                                                                          • Jun 2008
                                                                                          • 18

                                                                                          #45
                                                                                          Originally posted by AaronM
                                                                                          I haven't read the rest of this thread so this may have already been stated.

                                                                                          If YOUR license does not show that you have the right to use the content on banners, topsites, or promotional stuff then you have no business doing so.

                                                                                          For the record, this is exactly why you should buy direct from content producers.
                                                                                          Again, you guys don't have all the facts in regards to how the usage of the content was in violation.

                                                                                          Everyone is making assumptions based on the first post of this thread which does not accurately reflect the reason that the license was revoked.

                                                                                          Deep discounts on Go Daddy domains, hosting, SSL, etc.

                                                                                          Comment

                                                                                          • axc
                                                                                            Registered User
                                                                                            • Jun 2008
                                                                                            • 18

                                                                                            #46
                                                                                            Some of the posters to this thread are using copyrighted images undoubtedly without the copyright holders permission.

                                                                                            Deep discounts on Go Daddy domains, hosting, SSL, etc.

                                                                                            Comment

                                                                                            • Barefootsies
                                                                                              Choice is an Illusion
                                                                                              • Feb 2005
                                                                                              • 42635

                                                                                              #47
                                                                                              Originally posted by axc
                                                                                              Some of the posters to this thread are using copyrighted images undoubtedly without the copyright holders permission.
                                                                                              That goes without saying toots.
                                                                                              Should You Email Your Members?

                                                                                              Link1 | Link2 | Link3

                                                                                              Enough Said.

                                                                                              "Would you rather live like a king for a year or like a prince forever?"

                                                                                              Comment

                                                                                              • PSSuperstars
                                                                                                Confirmed User
                                                                                                • Jan 2006
                                                                                                • 1477

                                                                                                #48
                                                                                                I'm just saying that with 6 years in the phone sex business... I've never had a content producer get mad about topsites and other promotional materials... I'm glad it's not me that was affected... but the contractor who was affected is Japanese American... and sometimes her written posts aren't as clear as they should be.. so I did do the post on here..

                                                                                                But yea... I try to work with the content producers right on.. and let them know.. Hey this is phone sex. Hey we do topsites, banners, dummy blogs...

                                                                                                What's funny is one phone sex solo girl site sees less traffic/saturation/exposure in a month...

                                                                                                Than say a FHG... on a busy TGP...

                                                                                                And most content producers REALIZE that.. and don't get their panties in a bunch over phone sex usage...

                                                                                                But she's fixing it.
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                                                                                                • MaDalton
                                                                                                  I am Amazing Content!
                                                                                                  • Feb 2004
                                                                                                  • 39861

                                                                                                  #49
                                                                                                  Originally posted by PSSuperstars
                                                                                                  Yea she's gonna just switch it out.. to a more phone sex friendly/promotion friendly content place...

                                                                                                  and be really weary of the 3rd party places...


                                                                                                  Most content providers realize that phone sex is a really small niche.. we don't do FHG's.. we don't do TGP's.. we don't do tubes... we stay in our little niche.. so most content providers are usually alot nicer/less structured with us..

                                                                                                  but apparently this guy had a hardon for her..
                                                                                                  i think one quarter of my clients is phone sex ladies - i have no problem with that
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                                                                                                  • Just Mike
                                                                                                    Confirmed User
                                                                                                    • Sep 2002
                                                                                                    • 3726

                                                                                                    #50
                                                                                                    IF you Use Feeds alot of these troubles might be avoided.

                                                                                                    Please let me know if I can ever be of any assistance.

                                                                                                    Otherwise good luck to you

                                                                                                    EMAIL: [email protected] / ICQ: 56205262




                                                                                                    AWEMPIRE

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