No Infringement by Tube Site: 7th Circuit Reverses Preliminary Injunction gainst myVidster

[Joe Obenberger]

http://news.cnet.com/8301-13578_3-57...e-court-rules/

The link to yesderday's decision doesn't work. Here's the actual link.

http://www.ca7.uscourts.gov/tmp/KC0OHJQJ.pdf

[XPays]

embedbucks

[DWB]

Great. Fuck running honest pay sites and paying for content, I'm embedding all my shit from now on.

[TheSquealer]

Boneprone will be pleased.

[pornguy]

The ruling says that the site MyVidster was "not encouraging swapping, which in turn encourages infringement," the ruling said:

but if you check out the site it clearly has a mail this to a friend as well as embed code for the video. How is that NOT encouraging swapping?

[LeRoy]

Originally Posted by DWB

Great. Fuck running honest pay sites and paying for content, I'm embedding all my shit from now on.

Yep.... sad day for content

[jscott]

Man that is just fucked!

[papill0n]

ironically the fucking judge doesnt even have a computer

[DWB]

Originally Posted by LeRoy

Yep.... sad day for content

Do you mind if I embed your videos? Not that I even have to ask, but thought it would be the white thing to do.

[Mutt]

sad, just fucking sad. that fucking DMCA law is the worst fucking thing that ever happened to copyright owners. and judges who probably have no idea what the Internet is.

DMCA needs to be replaced and fast. What this judge is saying is I can absolutely create a paysite and fill it with embedded videos from anywhere I can embed from, as long as I'm not hosting the videos.

Hopefully another judge in a similar case will see the light.

[LeRoy]

Originally Posted by DWB

Do you mind if I embed your videos? Not that I even have to ask, but thought it would be the white thing to do.

Mighty white of you

[homegrownmof]

the way i read it from another news source was that it was filed improperly and the judge even pointed out that there was another route to going after the infringement.

[DamageX]

Embedding = publishing.

Since when can you profit from publishing copyrighted content, without the consent of the copyright owner?

[Tom_PM]

Yep for sure, embedding is publishing. You can't embed without a page to embed it in. If someone see's the page it's because it's been published.

[LeRoy]

Originally Posted by DamageX

Embedding = publishing.

Since when can you profit from publishing copyrighted content, without the consent of the copyright owner?

IMO embedding is theft. The site owner needs to add the embed themselves.

Hard to use the "user upload" excuse for sites that have all embeds.

[gideongallery]

Originally Posted by Mutt

sad, just fucking sad. that fucking DMCA law is the worst fucking thing that ever happened to copyright owners. and judges who probably have no idea what the Internet is.

DMCA needs to be replaced and fast. What this judge is saying is I can absolutely create a paysite and fill it with embedded videos from anywhere I can embed from, as long as I'm not hosting the videos.

Hopefully another judge in a similar case will see the light.

myVidster received ?takedown? notices from Flava designed to activate the duty of an Internet service provider to ban repeat infringers from its website, and Flava contends that myVidster failed to comply with the notices. But this is irrelevant unless myVidster is contributing to infringement; a noninfringer doesn?t need a safe harbor.

it not a problem with the DMCA it the original copyright act that was at issue.

BTW a lot of people on the user generated side would love to see the dmca disappear too

without you need a court order to take shit down.

[xXXtesy10]

Originally Posted by gideongallery

it not a problem with the DMCA it the original copyright act that was at issue.

BTW a lot of people on the user generated side would love to see the dmca disappear too

without you need a court order to take shit down.

Hey asshole. The only thing you generate is grief for Akira Systems and mountains of shit seeping from the corners of your dry, cock sucking mouth.

[gideongallery]

Originally Posted by pornguy

The ruling says that the site MyVidster was "not encouraging swapping, which in turn encourages infringement," the ruling said:

but if you check out the site it clearly has a mail this to a friend as well as embed code for the video. How is that NOT encouraging swapping?

browsers allow you to share with your circle



http://www.myvidster.com/share/6938461

you still need to copy link to your email client, compose a message add the people name to the to field and click send.

Cancel any time before that and nothing gets shared.

you can copy the url link into any email client from the address bar

if you extended "encouraged infringement" to that level the you could even surf the web anymore because every browser would be guilty of "encouraging infringement"

[Joe Obenberger]

Let me know if you ever find an "email this link" option on Chrome. I can't find it, if it exists, and I don't think it's there. It's the biggest reason I still use Firefox.

JD

Originally Posted by gideongallery

browsers allow you to share with your circle



http://www.myvidster.com/share/6938461

you still need to copy link to your email client, compose a message add the people name to the to field and click send.

Cancel any time before that and nothing gets shared.

you can copy the url link into any email client from the address bar

if you extended "encouraged infringement" to that level the you could even surf the web anymore because every browser would be guilty of "encouraging infringement"

[SpotOnTechSupport]

Of course, webmasters could use this nice little tool in Apache called Rewrite Cond and it wouldn't be able to be used outside of their site.

For those of you that want to cry and complain and not look this up:

RewriteEngine On
RewriteBase /
RewriteCond %{HTTP_REFERER} !^$
RewriteCond %{HTTP_REFERER} !^http://(www\.)?yoursite.com/.*$ [NC]
RewriteRule \.(gif|jpg|swf|flv|png)$ /feed/ [R=302,L]

Merry Christmas. Fix your site or quit bitchin' about your content getting stolen. Learn how to use Apache, people. It's not hard.

[halfpint]

Im confused about embedding. How do you embed a video if the original site your are embedding from dosent have the option to embed ?

[SpotOnTechSupport]

Originally Posted by halfpint

Im confused about embedding. How do you embed a video if the original site your are embedding from dosent have the option to embed ?

<object width="500" height="324" >
<param name="allowfullscreen" value="true" />
<param name="allowscriptaccess" value="always" />
<param name="movie" value="http://www.yoursite.com/video.swf" />
<embed src="http://www.yoursite.com/video.swf" type="application/x-shockwave-flash"
allowscriptaccess="always" allowfullscreen="true" width="500" height="324">
</embed>
</object>

Edit: Ha. This was my 69th post.

[halfpint]

Originally Posted by BrownLeopard

<object width="500" height="324" >
<param name="allowfullscreen" value="true" />
<param name="allowscriptaccess" value="always" />
<param name="movie" value="http://www.yoursite.com/video.swf" />
<embed src="http://www.yoursite.com/video.swf" type="application/x-shockwave-flash"
allowscriptaccess="always" allowfullscreen="true" width="500" height="324">
</embed>
</object>

Edit: Ha. This was my 69th post.

So that code will allow you to embed videos from any site onto your own site ? well iv learned something new cause I always thought you could only embed from sites which had the embed option

BTW congrats on your 69er

[CYF]

Originally Posted by Mutt

sad, just fucking sad. that fucking DMCA law is the worst fucking thing that ever happened to copyright owners.

before the DMCA, copyright owners would have to go through the time and expense of getting a court order or filing a lawsuit.

[Robbie]

Originally Posted by CYF

before the DMCA, copyright owners would have to go through the time and expense of getting a court order or filing a lawsuit.

yeah...it was so bad before DMCA...No wait a minute, it wasn't.
You never heard of pirates being able to steal everything and make hundreds of millions of dollars profiting off of it.

These days you end up spending hours every day sending out DMCA notices that only get a specific URL of the file taken down and then it's right back up again with a different name and URL.

The DMCA is completely fucked up and has been THE cause of piracy exploding in the last few years. Once the "user uploaded" loophole was discovered...it signaled the destruction of a major part of our industry.

[gideongallery]

Originally Posted by Joe Obenberger

Let me know if you ever find an "email this link" option on Chrome. I can't find it, if it exists, and I don't think it's there. It's the biggest reason I still use Firefox.

JD

did you even look at the link to that you get from the email this link

http://www.myvidster.com/share/6938461

you still need to copy the link to your email client to share it.

you still need to compose the message

you still need to click send


the link provided is exactly the same as the link you have in your address bar

so copying the link from the address bar

copying it into your email client

composing the message

and clicking send would be the same number of steps.

[Joe Obenberger]

Oh, I thought you were saying that the "email this link" option in most browsers made the use of any browser as much a contributory copyright infringement as a "share" option in tube sites. If I misunderstood your post, please understand that I did try hard to understand it, and that's what it seemed to say.

Originally Posted by gideongallery

did you even look at the link to that you get from the email this link

http://www.myvidster.com/share/6938461

you still need to copy the link to your email client to share it.

you still need to compose the message

you still need to click send


the link provided is exactly the same as the link you have in your address bar

so copying the link from the address bar

copying it into your email client

composing the message

and clicking send would be the same number of steps.

[Robbie]

Aaron Jacques is on a PORN forum again defending copyright infringement and piracy.

Time to go to the Akira site and send another email with this link to his boss.

[CYF]

Originally Posted by Robbie

yeah...it was so bad before DMCA...No wait a minute, it wasn't.
You never heard of pirates being able to steal everything and make hundreds of millions of dollars profiting off of it.

sure you did, only it was big operations pressing CDs because the internet was too slow to download a DVD's worth of data. People have been downloading and trading warez since the 80's at least... There were scans of Playboy magazines on BBSes in the early 90s. It's not a new problem.

IMHO a DMCA takedown notice is a lot quicker, cheaper, and easier than going to court and suing or getting a court order.

[Coup]

Originally Posted by DWB

Great. Fuck running honest pay sites and paying for content, I'm embedding all my shit from now on.

[Robbie]

Originally Posted by CYF

sure you did, only it was big operations pressing CDs because the internet was too slow to download a DVD's worth of data. People have been downloading and trading warez since the 80's at least... There were scans of Playboy magazines on BBSes in the early 90s. It's not a new problem.

IMHO a DMCA takedown notice is a lot quicker, cheaper, and easier than going to court and suing or getting a court order.

That is the same statement I've heard so many make...and it's WRONG.

I was here in this business since the early 1990's and online since the mid 90's. I watched what happened with piracy in the last few years. Certainly you have to be able to see the difference in what was people trading amongst themselves and the new "business model" of stealing EVERYTHING in mass and the thieves making hundreds of millions of dollars while it destroys our industry.

Guys trading shit amongst their relatively small circle of friends...or even scanned pictures from Playboy in the 1990's is not even close to what is happening now.

I would analogize it as the difference between you running a stop sign or committing mass murder. Sure both are crimes. But there is a HUGE difference in the severity and consequences to the victim.

[CYF]

Originally Posted by Robbie

That is the same statement I've heard so many make...and it's WRONG.

I was here in this business since the early 1990's and online since the mid 90's. I watched what happened with piracy in the last few years. Certainly you have to be able to see the difference in what was people trading amongst themselves and the new "business model" of stealing EVERYTHING in mass and the thieves making hundreds of millions of dollars while it destroys our industry.

Guys trading shit amongst their relatively small circle of friends...or even scanned pictures from Playboy in the 1990's is not even close to what is happening now.

I would analogize it as the difference between you running a stop sign or committing mass murder. Sure both are crimes. But there is a HUGE difference in the severity and consequences to the victim.

I've been online since the late 80's and the difference between then and now, is there's a shit ton more people online and a lot more bandwidth now where trading movies is easy and quick. That's why I think you see a lot more of it now, but it's been going on for decades.

[Robbie]

Originally Posted by CYF

I've been online since the late 80's and the difference between then and now, is there's a shit ton more people online and a lot more bandwidth now where trading movies is easy and quick. That's why I think you see a lot more of it now, but it's been going on for decades.

I agree with people trading stuff for decades. But NEVER blatantly stealing it, amassing mass traffic and openly monetizing it.

And how the heck were you online in the late 1980's? Was the "internet" about the size of a peanut back then? lol

"On August 6, 1991, CERN, which straddles the border between France and Switzerland, publicized the new World Wide Web project, two years after British scientist Tim Berners-Lee had begun creating HTML, HTTP and the first few Web pages at CERN."

[CYF]

Originally Posted by Robbie

I agree with people trading stuff for decades. But NEVER blatantly stealing it, amassing mass traffic and openly monetizing it.

razor1911 and other groups were pretty open and blatant about it IMHO but you couldn't monetize it back then because there wasn't the web and advertising networks.

And how the heck were you online in the late 1980's? Was the "internet" about the size of a peanut back then? lol

"On August 6, 1991, CERN, which straddles the border between France and Switzerland, publicized the new World Wide Web project, two years after British scientist Tim Berners-Lee had begun creating HTML, HTTP and the first few Web pages at CERN."

I got on the internet in 1989 or early 1990. I was 11 and borrowed the university connection and a BBS that had an internet gateway. We didn't have the WWW then I used email, newsgroups and ftp, irc, then gopher and archie/veronica. Gopher was developed at the U of M where my connection was through and they put up a public dialup server that you could use gopher through. I was pretty fucking amazed being 11 and being able to use gopher and visit sites on other continents.

[alcstrategy]

Originally Posted by CYF

People have been downloading and trading warez since the 80's at least... There were scans of Playboy magazines on BBSes in the early 90s. It's not a new problem.

Oh how i miss BBS's and playing L.O.R.D all the time just epic

Originally Posted by Robbie

And how the heck were you online in the late 1980's? Was the "internet" about the size of a peanut back then? lol

BBS's weren't part of the internet. They were dialup servers which had all sorts of stuff on it. They were really great.

Originally Posted by Robbie

I agree with people trading stuff for decades. But NEVER blatantly stealing it, amassing mass traffic and openly monetizing it.

I think you're right. There is hardly an underground anymore for this type of stuff. I think a lot of tube guys are just like any other internet get rich quick guys and don't give a shit about stealing anything or using other peoples work or whatever.

I've seen sites where a guy tries to sell some knock-off product and uses the testimonials from another site who's product they're knocking off. I've also checked out code where its blatant copy from other popular scripts. This type of thing happens in all different situations and it's all similar in principle. The internet is a circus

[Robbie]

Originally Posted by CYF

I got on the internet in 1989 or early 1990. I was 11 and borrowed the university connection and a BBS that had an internet gateway. We didn't have the WWW then I used email, newsgroups and ftp, irc, then gopher and archie/veronica. Gopher was developed at the U of M where my connection was through and they put up a public dialup server that you could use gopher through. I was pretty fucking amazed being 11 and being able to use gopher and visit sites on other continents.

I didn't get online until early 1996. I was living in South Carolina then and didn't even know one person with a computer! So I was thinking it was useless....

I learned real quickly that it was far from useless as I was making high 6 figures by the end of that year.

That's pretty cool that you were able to get on a computer and experience the early stuff in 1989...but you were only 11? Fuck I'm old! lol I was 27 years old in 1989 and touring the world in my rock band.

[CYF]

Originally Posted by alcstrategy

Oh how i miss BBS's and playing L.O.R.D all the time just epic

I was more into TradeWars but LORD was good too

[xXXtesy10]

Originally Posted by alcstrategy

Oh how i miss BBS's and playing L.O.R.D all the time just epic



BBS's weren't part of the internet. They were dialup servers which had all sorts of stuff on it. They were really great.



I think you're right. There is hardly an underground anymore for this type of stuff. I think a lot of tube guys are just like any other internet get rich quick guys and don't give a shit about stealing anything or using other peoples work or whatever.

I've seen sites where a guy tries to sell some knock-off product and uses the testimonials from another site who's product they're knocking off. I've also checked out code where its blatant copy from other popular scripts. This type of thing happens in all different situations and it's all similar in principle. The internet is a circus

Lol.. Ok so where is your spam? What is the sale anon tech guy. Tell us what we already know but spin it to make it sound impressive.

[Paul Markham]

DMCA is clearly out of date. The legislators made the law for the time without realising the changes that would happen. Without it we wound be in a far worse state. Changing it has to be done to separate publishers and hosts, then carry the penalties up to the companies profiting from piracy.

We need more legislation online to save the businesses online.

[alcstrategy]

Originally Posted by xXXtesy10

Lol.. Ok so where is your spam? What is the sale anon tech guy. Tell us what we already know but spin it to make it sound impressive.

I was just making a post about a subject I'm interested in I really don't know wtf you're talking about

[V_RocKs]

Originally Posted by Mutt

sad, just fucking sad. that fucking DMCA law is the worst fucking thing that ever happened to copyright owners. and judges who probably have no idea what the Internet is.

DMCA needs to be replaced and fast. What this judge is saying is I can absolutely create a paysite and fill it with embedded videos from anywhere I can embed from, as long as I'm not hosting the videos.

Hopefully another judge in a similar case will see the light.

You are talking about a court of appeals. I believe this particular court had three judges and they all voted the same way.

What it is saying is you need to go after xvideos, not Boneprone. That is pretty much common sense... You cut the head off of the snake and the problem goes away. Chop off the Anal Hobbit end and you will still get bitten.