Why is it hard to take down illegal tube sites?

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  • The Duck
    Adult Content Provider
    • May 2005
    • 18243

    #1

    Why is it hard to take down illegal tube sites?

    Are they all on rogue hosts? If not it should be as simple as sending a few well articulated lawyer written emails to the host and domain registrar right? I dont know.
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  • Sin_Vraal
    Confirmed User
    • Feb 2002
    • 465

    #2
    Originally posted by kandah
    Are they all on rogue hosts? If not it should be as simple as sending a few well articulated lawyer written emails to the host and domain registrar right? I dont know.
    I would guess that while the particular content is in violation, the site as a whole is not. you would basically have to have a number of people writing these letters, otherwise its not gonna get any more traction that taking down the offending video.

    Tubes are basically the free hosts of old, thats why I find this shit hilarious. its the same old shit with a new shine to it.
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    • KillerK
      Confirmed User
      • May 2008
      • 3406

      #3
      I would guess because they are bro's with the big programs. They send shitloads of traffic to dating and cam offers.

      Comment

      • SomeCreep
        :glugglug
        • Mar 2003
        • 26118

        #4
        Originally posted by kandah
        Why is it hard to take down illegal tube sites?
        Because The Force is strong with them.

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        I use and recommend Webair for hosting.

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        • d-null
          . . .
          • Apr 2007
          • 13724

          #5
          notice that some big sponsors' content is rarely found on the tubes

          it is like they know where they might face a legal problem they don't want to deal with, but they gladly rip off the rest

          __________________

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          • Jens Van Assterdam
            The Dupre Pimp
            • Feb 2008
            • 6677

            #6
            Originally posted by KillerK
            I would guess because they are bro's with the big programs. They send shitloads of traffic to dating and cam offers.


            Originally posted by d-null
            notice that some big sponsors' content is rarely found on the tubes

            it is like they know where they might face a legal problem they don't want to deal with, but they gladly rip off the rest
            Read TOS for signature rules

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            • wootpr0n
              Confirmed User
              • Apr 2007
              • 250

              #7
              A) Big web host is making lots of money selling the tube site bandwidth and servers

              B) If they took it down, word will spread that this web host has no backbone to stand up to bullies, and their policy is to take the side of the complainer

              C) Practically no liability. The Tube site already has a DMCA policy to take down the videos, and unless they refuse to comply with a valid takedown request, the webhost can't get involved. A Tube site is a separate "service" in the context of the law.

              D) It's not their problem, and their legal department knows that you, a porn producer are never going to sue the tube site (let alone the web host), and even if you were stupid enough to sue them, you would lose.

              The only time you can take down a tube site is if your attorney, who works for a medium to large sized law firm, writes a long letter to the General Counsel of the web host, demanding that you take down the site. Then if that tube site is only using one server at that web host, and a small amount of bandwidth, and the web host already has a bad reputation and couldn't care if it got worse, will the tube site be taken down.
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              Comment

              • Rorschach
                So Fucking Banned
                • Aug 2002
                • 5579

                #8
                Tube sites are protected from copyright liability by the DMCA safe harbour clause, which indemnifies them from prosecution for user uploaded content. The DMCA single handedly allows the content theft tube model to flourish and prosper. Here's a summary:

                http://www.keytlaw.com/Copyrights/dmca.htm

                Comment

                • aico
                  Moo Moo Cow
                  • Mar 2004
                  • 14748

                  #9
                  Trust no one...

                  Comment

                  • Paul Markham
                    Too old to care
                    • Jun 2001
                    • 52942

                    #10
                    Originally posted by Rorschach
                    Tube sites are protected from copyright liability by the DMCA safe harbour clause, which indemnifies them from prosecution for user uploaded content. The DMCA single handedly allows the content theft tube model to flourish and prosper. Here's a summary:

                    http://www.keytlaw.com/Copyrights/dmca.htm
                    True. The laws governing the Internet were set up before the Internet became what it is today.



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                    • tiger
                      Confirmed User
                      • Apr 2002
                      • 6986

                      #11
                      Combination of DMCA protection and money.

                      Comment

                      • Mr. Billy
                        Confirmed User
                        • Feb 2005
                        • 467

                        #12
                        Now we know why the RIAA and MPAA decided to go after the folks who uploaded and downloaded the content.

                        Might be time to do that.

                        Got rid of Napster didn't it?

                        Don't worry about driving customers away. They will still come back to pull out their credit cards for porn.

                        Comment

                        • Mr.Right - Banned For Life
                          I guarantee it
                          • May 2005
                          • 18314

                          #13
                          Find a way to take away their domains.

                          Write well formulated letters to the ICANN.

                          Comment

                          • d-null
                            . . .
                            • Apr 2007
                            • 13724

                            #14
                            Originally posted by Mr. Billy
                            Now we know why the RIAA and MPAA decided to go after the folks who uploaded and downloaded the content.

                            Might be time to do that.

                            Got rid of Napster didn't it?

                            Don't worry about driving customers away. They will still come back to pull out their credit cards for porn.
                            that works great for torrents and p2p, because anyone downloading is also uploading, so if there were some lawsuits of some average dudes at home downloading porn and the publicity that surrounds it, it would strike fear in a big hurry....

                            as far as the tubes go, instead of simple dmca take down requests, it would be nice to see uploader ip's be subpoenad and held accountable.... if stolen content is being uploaded by someone involved in the tubesite management, then they should be sued to bankruptcy and beyond

                            __________________

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                            • DamageX
                              Marketing & Strategy
                              • Jun 2001
                              • 14293

                              #15
                              Because they're not actually illegal. Yet.
                              Whitehat is for chumps

                              If you don't do it, somebody else will - true story!

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                              • Mr. Billy
                                Confirmed User
                                • Feb 2005
                                • 467

                                #16
                                Originally posted by d-null
                                that works great for torrents and p2p, because anyone downloading is also uploading, so if there were some lawsuits of some average dudes at home downloading porn and the publicity that surrounds it, it would strike fear in a big hurry....

                                as far as the tubes go, instead of simple dmca take down requests, it would be nice to see uploader ip's be subpoenad and held accountable.... if stolen content is being uploaded by someone involved in the tubesite management, then they should be sued to bankruptcy and beyond
                                I think you have it right.

                                I originally did not like the idea of going after the user, but if the tube sites claim immunity, then they must identify users who are "misusing" their service by uploading copyrited content that they are not entitled to distribute.

                                Immunity cannot apply to both the tube site operator and the uploader of material covered by copyrite. One of them is responsible. The tube site owners must decide between paying the penalties or allowing the users to be punished.

                                Tube site owners, how do u want it. Do you want to become responsible members of the community, or do you want to cause your members to be trashed in the legal system.

                                You may be immune to the copyrite angle of this argument, but you must be quaking in your boots when you realize that you might be required by law to hand over the identities of your members for prosecution. I think tube sites in any country might be obligated to respond to such a subpoena or face legal consequences.

                                This may be what ultimately proves to be the downfall of tube sites.

                                I wonder how many surfers are going to want to upload to tube sites now? Hmmmmmmm.....

                                Comment

                                • selena
                                  Confirmed User
                                  • Aug 2004
                                  • 7995

                                  #17
                                  Originally posted by d-null
                                  that works great for torrents and p2p, because anyone downloading is also uploading, so if there were some lawsuits of some average dudes at home downloading porn and the publicity that surrounds it, it would strike fear in a big hurry....

                                  as far as the tubes go, instead of simple dmca take down requests, it would be nice to see uploader ip's be subpoenad and held accountable.... if stolen content is being uploaded by someone involved in the tubesite management, then they should be sued to bankruptcy and beyond

                                  I love this idea.
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                                  • seeandsee
                                    Check SIG!
                                    • Mar 2006
                                    • 50945

                                    #18
                                    evil tubes are strong!
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                                    • camgirlshide
                                      Confirmed User
                                      • Jan 2005
                                      • 1558

                                      #19
                                      google has had to argue they spend millions of dollars in filtering technology to filter out illegal content on youtube. Therefore, they are taking every reasonable effort possible to keep illegal content off their site. Even with this, they face enormous legal battles.

                                      The illegal tube sites, on the other hand, don't seem to spend any money on chasing down illegal content (assuming for a second they didn't post said content themselves knowing it was illegal). So, to me at least, it seems google's argument doesn't hold up to the illegal tube sites.

                                      Now, I still say the answer is my plan to simply go after the wallets of any affiliate program that willingly pays money to a tube site or attempts to gain traffic by placing a few of their short legally offered clips among the thousands of longer stollen clips. Therefore, I urge you to remove all mentions of affiliate programs from your sites participating in either of these two activities.
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                                      • brassmonkey
                                        Pay It Forward
                                        • Sep 2005
                                        • 77390

                                        #20
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                                        • count of monte cristo
                                          Confirmed User
                                          • Sep 2004
                                          • 473

                                          #21
                                          Originally posted by DamageX
                                          Because they're not actually illegal. Yet.
                                          well, if a host has a client that a repeat infringer, they have an obligation to turn them off, otherwise, they could be liable for contributory infringement.

                                          you will find the largest tube sites are connected to the largest low priced host for a few reasons.

                                          they need to be connected to a very friendly host in order to not be taken down
                                          they need extremely low prices in order to maintain the profitability of their biz model
                                          in return they contribute a ton of bw, whose volume helps lower the hosts overall bw costs

                                          therefore, tubes that dont have a tight relationship with a host are at a competitive disadvantage, symbiosis at its finest
                                          premier payment sending company

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                                          • crockett
                                            in a van by the river
                                            • May 2003
                                            • 76818

                                            #22
                                            I think you guys are going after them with the wrong angle. Screw going after the hosts, go after the domains via icann.
                                            In November, you can vote for America's next president or its first dictator.

                                            Comment

                                            • The Duck
                                              Adult Content Provider
                                              • May 2005
                                              • 18243

                                              #23
                                              What about rogue techniques like dos and infinite requests to dl content? I know its not legal but what the fuck are we going to do.

                                              I once had a world of warcraft site offering cheats and exploit info, the wow community went apeshit and launched all kinds of attacks and I soon had to take my site down.
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                                              • fuzebox
                                                making it rain
                                                • Oct 2003
                                                • 22373

                                                #24
                                                Originally posted by Rorschach
                                                Tube sites are protected from copyright liability by the DMCA safe harbour clause, which indemnifies them from prosecution for user uploaded content.
                                                But tube sites don't take user uploaded content, every video I upload gets rejected

                                                Comment

                                                • DamageX
                                                  Marketing & Strategy
                                                  • Jun 2001
                                                  • 14293

                                                  #25
                                                  Originally posted by kandah
                                                  What about rogue techniques like dos and infinite requests to dl content? I know its not legal but what the fuck are we going to do.

                                                  I once had a world of warcraft site offering cheats and exploit info, the wow community went apeshit and launched all kinds of attacks and I soon had to take my site down.
                                                  That's because you were a two-bit loser geek kid who took pleasure in offering cheats and whatnot. These tube sites actually make enough to hire lawyers. In fact, some of them hire lawyers so good that if I were you I'd expect a lawsuit just for suggesting illegal methods of dealing with them.
                                                  Whitehat is for chumps

                                                  If you don't do it, somebody else will - true story!

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                                                  • Kudles
                                                    Confirmed User
                                                    • Feb 2003
                                                    • 5477

                                                    #26
                                                    Because people are stupid
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