Would PornHub.com, Tube8.com,and KeezMovies.com agree to responding to DMCA's on GFY? - GoFuckYourself.com - Adult Webmaster Forum

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Young

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#1

Would PornHub.com, Tube8.com,and KeezMovies.com agree to responding to DMCA's on GFY?

09-24-2009, 12:10 PM

Maybe a thread where content owners could post links to videos they wanted taken down?

I'm guessing the answer is going to be a resounding no...but worth a shot.

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Young

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#2

09-24-2009, 12:11 PM

And by DMCA's I obviously mean take down requests.

Maybe the "unaffiliated" TrafficJunky can get word to someone who matters.

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Barefootsies

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#3

09-24-2009, 12:17 PM

Are they refusing DMCA's?

Should You Email Your Members?

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#4

09-24-2009, 12:22 PM

Originally posted by Barefootsies

Are they refusing DMCA's?

No. But the "I didn't get an email request" is a little harder to pull off in a thread.

Someone started a thread that linked to a handful of their videos and they magically disappeared within 5 minutes. You don't get that kind of response via email.

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#5

09-24-2009, 12:42 PM

why not a class law suite. Looks like a lot of people are hurt by them

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Zorgman

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#6

09-24-2009, 12:59 PM

What law are they going to sue them under? You took my content so i sue you...
There is a law that protects them. It also protects every site that links to and hosts content from someone else. Just like google does. If a tube site goes down, chances are google will be attacted by that law too.

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#7

09-24-2009, 01:03 PM

This is off-topic, but I don't wanna start another tube thread: why don't they need a landing page with a disclaimer and an "enter or exit" option?

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#8

09-24-2009, 01:03 PM

isn't it the same that closing those tubes?

there just won't be any video left (besides brazzers i guess)

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FightThisPatent

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#9

09-24-2009, 01:10 PM

Originally posted by Young

Maybe a thread where content owners could post links to videos they wanted taken down?

I'm guessing the answer is going to be a resounding no...but worth a shot.

its a no, because you have to provide them with info to prove you are the content owner.,

otherwise, you could submit DMCA requests to knock off your competitors.

pornhub has a dmca page:

http://www.pornhub.com/dmca

from a link on the front of their site, where everyone has it.

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fatfoo

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#10

09-24-2009, 01:11 PM

I don't think they would do that. A thread like that on gfy would be too much bad publicity for pornhub, wouldn't it.

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FightThisPatent

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#11

09-24-2009, 01:16 PM

if you have not put your content onto a CD/DVD and sent it in for copyright protection, then you have less of a legal ground to sue for copyright infringement.

find an attorney, and have them show you the process. then every month, as you produce new content, send it in. the filing fee is low and gives you legal grounds to stand on.

Fight the copywrongs!

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#12

09-24-2009, 01:18 PM

just a reminder trafficjunky = brazzers

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#13

09-24-2009, 02:21 PM

Could you sue the host for unfair practices if the host is incorporated in the same state as you are?
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#14

09-24-2009, 02:40 PM

Originally posted by fris

just a reminder trafficjunky = brazzers

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#15

09-24-2009, 02:43 PM

Originally posted by fris

just a reminder trafficjunky = brazzers

omg i didnt no !!1

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SleazyDream

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#16

09-24-2009, 02:49 PM

Originally posted by Zorgman

What law are they going to sue them under? You took my content so i sue you...
There is a law that protects them. It also protects every site that links to and hosts content from someone else. Just like google does. If a tube site goes down, chances are google will be attacted by that law too.

that 'law' doesn't provide protection for selective choosing of the videos.

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#17

09-24-2009, 02:50 PM

Originally posted by FightThisPatent

its a no, because you have to provide them with info to prove you are the content owner.,

otherwise, you could submit DMCA requests to knock off your competitors.

pornhub has a dmca page:

http://www.pornhub.com/dmca

from a link on the front of their site, where everyone has it.

Fight the click challenged!

bump for someone who actually understands the law

the entire point of the safe harbor provision is to make sure that legitimate fair use of content are not censored by the take down process.

adding a external thread, outside the scope of the proper notification process would undermine that as much as not having the safe harbor at all.

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#18

09-24-2009, 02:51 PM

Originally posted by Zorgman

What law are they going to sue them under? You took my content so i sue you...
There is a law that protects them. It also protects every site that links to and hosts content from someone else. Just like google does. If a tube site goes down, chances are google will be attacted by that law too.

copywright theft

you charge for licence to use content - if they didn't pay licence - they is theft that is suable in small claims court.

problem is all you fuckwads like sucking BIG dick so if it isn't a 10 million dollar lawsuit you won't do it

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FightThisPatent

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#19

09-24-2009, 03:02 PM

Originally posted by SleazyDream

copywright theft

you charge for licence to use content - if they didn't pay licence - they is theft that is suable in small claims court.

while it would be easy to get jurisdiction in your own town for small claims court, the problem is just that , "small claims".

copyright infringement goes up to $150,000 per infraction. each download of a video counts as 1 strike, so you can see how the dollar amount can be much higher than the cap of small claims court.

i know it varies from state to state, but one state i was in it was like $3500 when i looked into it.

you need to get your content copyrighted. it doesn't cost much, and you can do it on a monthly basis as you create the content.

if you don't get a copyright, you have a whole lot harder time of proving copyright infringement.

Fight the big claims court!

ps. once you have copyrighted material being stolen, and you have sent DMCA request, and they haven't taken it down (in a "reasonable period of time", like 48 hours), then you have a potential case.

there are some attorneys who might take the case on contingency if you have a solid case.

to be in this game, you have to first have your stuff documented with copyright. if you don't have that, your back to playing putt putt instead of up at bat.

Last edited by FightThisPatent; 09-24-2009, 03:05 PM.

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#20

09-24-2009, 03:33 PM

Originally posted by gideongallery

bump for someone who actually understands the law

the entire point of the safe harbor provision is to make sure that legitimate fair use of content are not censored by the take down process.

adding a external thread, outside the scope of the proper notification process would undermine that as much as not having the safe harbor at all.

I wouldn't go so far as to say that's the "entire point" of the safe harbor (it's also there to limit liability for legitimate ISPs/OSPs with respect to the bad acts of their clients/users), but GG and FTP are correct; such sites really cannot legally/properly respond to take down requests made outside of the proper channels.

I don't have the case citation handy, but there's some recent case law that's pretty squarely on point for this.

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FightThisPatent

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#21

09-24-2009, 03:39 PM

Originally posted by Quentin

I don't have the case citation handy, but there's some recent case law that's pretty squarely on point for this.

i was wondering when my fellow arm-chair attorney was going to show up

yes that's right, Quentin esquire, from the law firm of Q, FTP, GFY, WTF, and CYA LLC

Fight the LOL!

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#22

09-24-2009, 03:46 PM

Originally posted by FightThisPatent

i was wondering when my fellow arm-chair attorney was going to show up

yes that's right, Quentin esquire, from the law firm of Q, FTP, GFY, WTF, and CYA LLC

Fight the LOL!

Guilty as charged. LOL

Edit -- except that should be "PLLC," no? ;-)

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#23

09-24-2009, 03:55 PM

Originally posted by SleazyDream

copywright theft

you charge for licence to use content - if they didn't pay licence - they is theft that is suable in small claims court.

problem is all you fuckwads like sucking BIG dick so if it isn't a 10 million dollar lawsuit you won't do it

I do it if I see my content places that it shouldn't be, no matter what the amount. I do see your point though.

...
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#24

09-24-2009, 05:44 PM

Originally posted by fatfoo

I don't think they would do that. A thread like that on gfy would be too much bad publicity for pornhub, wouldn't it.

exactly. and that is why the links that were posted in every other thread were removed so quickly.

i think most people misunderstood what I was trying to say. it's not only a matter of having them take your content down....it's a way to show everyone the obscene amounts of unauthorized content being used no these sites.

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#25

09-24-2009, 05:47 PM

would a pigeon drive a 4X4?
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#26

09-24-2009, 05:54 PM

does a bear shit in the woods?
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