DamianJ

Brilliant. A porn site employs Degban who DMCA stand up comic's picture of some graf.

http://gormano.blogspot.com/2012/03/...miliar-it.html

God I hate those snake oil selling tosspots.

DWB

Lame. Since it was filed under penalty perjury and they clearly perjured themselves, there should be criminal charges filed against them.

lucas131

hope someone will sue this shits. it was clear from the beginning, from beginning they advertised theit stupid indian crap here, that they knows shit about what they are doing, they just thought it is hole on the market, sending dmca, so someone invest and started that fucked up degban company and now it is making only problems, like everyone who knows shit about what is he doing. please, someone sue them, and kick them all to their balls. thank you, seriously

Sophie Delancey

I'm not clear, and maybe I missed something, but what are the issues with Degban?

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lucas131

sending fake dmca anywhere all around just to make a buck? idiots trying to look like pros but knows about internet same as my grandmother? idiots wasting others hard work?

lucas131

"excuse for our mistake, hope you will be able to get your traffic back, sir"

DamianJ

They are a bunch of cocks.

Go read their website, they make up words*, make up technologies, make up just about everything to try and get you to give them money to get a computer to send out (seemingly mainly incorrect) DCMAs on your behalf.

This must be very embarrassing for Wasteland as Mr Gorman is a very popular comic here.

It will go like the cunts at ACS: Law. They can't get anyone except porn people to work with them, and then even the porn people tell them to fuck off.

One can live in hope.



*On their site they have these words, and their rep admitted they just made them up: Surfacial, Forest (as in content discover forest), Multifold, Deep Web,

EllaBlack

This event is being researched and we are taking the necessary steps to make sure that all parties involved and affected are part of that action plan. For any additional inquiries, please contact me directly.

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DamianJ

So, you are "taking steps" to make sure "Dave Gorman" "Wasteland" and "Flickr" are part of an "action plan".

How reassuring.

Barefootsies

Eh?

I thought you worked with JuicyAds tootsie?

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wasteland

One of my colleagues, "Relentless", sent me the link to this post as a heads up and I am pretty baffled by the entire thing. We do have Degban handle our DMCAs, but only for torrents and fileshare sites, and on those only videos with a duration of longer than 5 minutes. They do a very good job on this for a very very reasonable monthly fee, so all of this pretty much comes out of the blue at me.

Something seems to have gone terribly wrong somewhere as we don't touch the tubes (we have lots of affiliates uploading our clips to those) and certainly not photos on blogs or Flickr posted by comedians featuring artistic photography.

I'm checking in with Ella at Degban to see what may have happened here and will report back on this asap.

Stand by for news on this,
Colin Rowntree
CEO, Wasteland, Inc

p.s. please always feel free to contact me directly as I don't follow GFY fastidiously. [email protected] is my direct email addy.

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porno jew

glad to see this resolved.

Relentless

Always glad to see a program owner like Colin who takes real action to get things fixed when obstacles arise.

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DamianJ

Gorman is a very popular comic here and it is certainly getting you a lot of negative coverage, 1,300 links on google about it and some chatter on twitter.

I'd make sure a lot of money to you is part of their "action plan"!

:D

37% of DMCAs are incorrect, and I guess when you have software doing it for you that percentage goes way up.

Captain Kawaii

I met Ella and Taban at Internext. She's hot and smart and he's just "Sheldon" smart. Interesting system they have. They should not just be summarily dismissed, imo./

DamianJ

They are summarily dismissed because they are selling snake oil, imho. And snake oil that can spectacularly backfire, as in this very public case.

All I want any of these DMCA senders to do is post one case study/white paper proving using them has led to an increase in profits.

People have been doing it for years now. And I've not seen a shred of evidence to show it achieves anything.

It's automated whack-a-mole that does nothing to your bottom line at best and at worst gets you 1300 negative links on google about your company.

I'm sure Ella is delightful, but the company she works for, I find it hard to find any respect for. Aside from the fact people pay him for a computer to send out DCMAs. That's pretty smooth.

lucas131

degban is a pain in the ass, cancer on the affiliate business, they was born to make money doesnt matter how and who they will kick to the ground, they are nothing more than fucking assholes without any knowledge about dmca, hope they will vanish from the business, all will be happy, their customers will be not wasting money, and affiliates will be not losing traffic and sales because of this dumb fuckheads

lucas131

everyone knows how hard is to make traffic from search engines, now will come dumb assholes like this degban, they see something they dont understand, and they will report you to google, google of course dont care so good bye your hard made traffic. anything else needed to explain?

lucas131

and shut the fuck up with your blah blah blah in advance, honey

wasteland

btw, the subject of this post:
"Degban/Wasteland Fail Again"

I don't remember failing in the past.
That sort of hurts my feelings. I just caught the shrapnel on this one like a private just off the troop transport ship!

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Theo

I wouldn't call the Degban platform a snake oil one. They do understand the different internet protocols and they have an advanced spidering system they well maintain and improve. I don't know how effective is their DMCA process, but they personally convinced me they can find a significant % of the copyright infringements. If they properly follow up with a DMCA process they're definitely effective.

lucas131

nice advertisement, how much for post from admin? just kidding me, no bann please no bann ... noooo ...

rowan

Theo

lol - I just expressed what I saw after receiving 2 demos and 1 custom report of our own copyright materials that have been illegally distributed. No doubt, that's half the job, but imho one of the most challenging ones.

Theo

here's a question for everyone. I havent submitted a DMCA notice myself for many years, so I'm not sure what's a standard process these days. In order to avoid spoofing attempts, when you submit a DMCA notice, do you receive back an email to the same address to validate it/activate the notice or not?

DamianJ

Totally agree. Apologies for misleading subject. If I could edit it I would. Sincere apologies

Damian

DamianJ

It's snake oil because it achieves nothing.

If they could prove an roi, they would have published proof.

If it lead to more sales, they would put out a white paper.

I'm sure they get some content removed, but a) it doesn't impact the bottom line and b) they get false positives making affiliates life hard and then dmca a famous comedian.

Quentin

I have no idea what's behind the false notice, but this much I do know: Colin would never abuse DMCA himself, or make a big an issue out of a case of infringement that wasn't knowing and/or willful.

How do I know this? Well... indulge me in a little story. ;-)

Some years ago, we were putting together a party for Internext in Florida, and as part of the process, we designed printed fliers, tickets, etc., for distribution at the show to promote our party.

To make a long story somewhat shorter, the artist who designed the promotional materials chose an image that happened to be Colin's intellectual property, and made that image the visual center of all the promotional materials. It was on the flier, it was on the tickets, it was all over the place; I think it might even have been on the signage at the party itself.

Colin pulled me aside on the show floor and very calmly explained to me that we had infringed on his IP rights, and that he was pretty disappointed that we had done so. Making matters worse, I actually knew the image was closely associated with Wasteland -- I just incorrectly assumed the artist who made the fliers, tickets, etc., was giving me accurate information when he said that he'd licensed the image from the photographer himself.

(It turned out that our artist had been scammed by a guy falsely representing himself as the rights-holder, something that was not that uncommon back then. The artist can be forgiven for not seeing through that subterfuge, but I should have known better and confirmed it all for myself.... but I digress.)

At any rate, Colin could have bent us over a barrel on that one, or at the very least, made a big stink that would have landed me in hot water, personally, but he didn't do that. Instead, he kept the issue between the two of us and didn't demand a thing from TopBucks -- other than the apology he got from me on the spot, and assurance that we'd be more careful in the future, generally, where licensing photography was concerned, and any content associated with his site, in particular.

The point of this rambling anecdote is that whatever happened here, there is no way in hell that Colin directed anybody to send out a bogus DMCA take down notice.

I don't have any reason to believe that Degban would do so, either.... but in Colin's case, I'd sooner believe that Abbie Hoffman climbed out of his grave and sent that DMCA notice than believe it was anything done with Colin's imprimatur.

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LeRoy

You should contact Eric to have it adjusted or make another thread explaining yourself

an apology buried in the thread is worthless.

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Nautilus

So what we have here, the OP who cannot get his facts straight for ONE thread and mistakenly creates a title that will potentially ruin reputation of two solid and well respected companies; all the while histerically insisting on being always absolutely 100% correct for people who have to check MILLIONS of potentially infringing links every day.

Freetard crowd is retarded.

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lucas131

excuse me, but if you are shutting sites down, if you are shutting down someone sources of income, you must be 100% sure, that is the point here. those degban guys care a shit about what they are shutting down, as far as they are receiving checks from client. howgh

Nasty

What kind of insurance do these copyright protection / dmca companies have?, one of these days it wont be some amateur photographer or an affiliate, it will be a big company with deep pockets who gets burned by a bogus dmca and the shit will hit the fan.

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Nautilus

1. Don't you have to be 100% sure to get your facts straight before starting a thread that can potentially damage reputation and "shut down someone sources of income" as the result? Or maybe you think that proper due diligence is for "copyright dinosaurs" only? Now talk about sense of entitlement lol.

2. They aren't shutting down sites, they're asking to take down links. No real damage was done, no reputations ruined, no income lost, no businesses closed, no jobs lost, just a trivial mistake that was already corrected and all parties involved sincerely apologized - if your buddies at filesharing sites would have also acted like that all the time we wouldn't have any problem with piracy and false positives in DMCAs.

3. Yes false positives do happen from time to time when sending DMCAs, and the ONLY reason for it is the absurd amount of infringment that is going on out there. If those sites were of but small help to copyright holders and at least banned repeat offenders, the amount of infringing links would decrease 1000 fold and of course it would be much easier to check them all before sending take down notices.

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lucas131

excuse, you are talking about this one case, but there is at least one mainstream case about degban, and now if they are targetting on adult, and they are cause the only contact person is ella, nobody else, all those on their contacts are fake with same informations, so now imagine how much damage they may made to how many affiliates! everyone know sites are going up and down, but who knows how many sites, or links, of mine or maybe yours or someones, may get down only because of those idiots, or idiot, or who is behind that ego licking bubble ... and btw, who is that guy, what is his experience in adult business? what he knows about online business model? who knows him? no more to say, better nothing more to say

DamianJ

Indeed. I'm sure Wasteland didn't even know about it until they saw all the press yesterday. I've apologised to Colin, and emailed Theo asking for the thread title to be changed. This is a Degban fail, not Wasteland.

Hope they get a lot of compensation.

lucas131

thread name changed, good work!

AdultEUhost

http://business.avn.com/articles/tec...es-468012.html

pretty interesting if you look at the dates

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ottopottomouse

curiouser and curiouser

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gideongallery

<sarcasm>don't worry degban/wasteland have enough malpractice insurance to cover the cost tracking down every single poster and paying them to repost what they posted before.
</sarcasm>

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gideongallery

"pirates" don't do their due diligence they get hit with 25k statutory damages
you don't do your due diligence your damages are capped to only actual damages





cool so are you offering to oover the cost of finding all the people who posted comments/linked too etc this article and pay them to recreate their work.

I find it interesting how you minimize those loses to nothing.
Yet if someone claims that infringements are balanced out by increase sales from people finding your stuff.

Or that you innovate your way out of all the "loses" you are suffering you tear into them.

Very interesting double standard

and that the problem with trying to balance a penalty against an exemption.

Especially an exemption that is capped with knowledge of infringement.

If they tracked those kind of details unless they did an absolutely perfect job, they would be liable for all the people they miss. The law makes it better for them to stick their heads in the sand and say sorry we can't help you.


If copyright holders were willing to accept statutory damages of 25k for each bogus take down they send instead. The law would not need such foreknowledge based exemptions.

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DamianJ

Good god, they can't even lie well.

If you're going to post bullshit, Degban, at least get the bloody dates right.

Why anyone still gives them money is beyond me.

lucas131

no, it was just mistake, or they would say, ministake

DamianJ

A mistake that happened several days before they were "hacked".

Lolsome.

lucas131

no, i say mistake, they are serious standup guys and everyone knows them, and their long history and knowledge of adult industry. standup guys, i say standup professionals. bump for degban commedy

lucas131

everyone who knows me knows that i am a nice guy, but if i see asshole that hurts other business ... you know ...

SmutHammer

so when is there supposed to be a new sopa coming out? why should anyone even be bothered with this type of stuff? you all are right, laws are way to outdated, if some one has stolen copywritten material on their website their domain should be taken away. Why should others need to police your websites?

DamianJ

Lol. You're so funny.

With SOPA, the entire of Flickr would be removed. Not just one page belonging to a comedian. That's why anyone with half a brain was against it, protested and the act got killed.

Bless.