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Old 02-21-2003, 02:22 PM   #1
LadyMischief
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Are these people for REAL!?!? Content producers/providers, please look inside.

<rant>
Imageauction.com

What the hell!?!??! Anyone can put up content for sale apparently, even if it's not theirs. Check this auction:
http://www.imageauction.com/index.cf...id=0 &item=96

No documentation? No Custodial information? Is this even theirs to sell? The guy who owns this site was bragging on another board that they have TOTALLY UNRESTRICED licenses... yeah, probably because half the stuff up is either illegal or not theirs to sell? I highly suggest all content producers/providers check to make sure this guy isn't peddling THEIR wares.

Oh, and for all of your information, this same fellow informed me that content providers "business models are failing". What do you guys think. Are we all on welfare yet?


</rant>
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Old 02-21-2003, 02:32 PM   #2
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bump.....
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Old 02-21-2003, 02:42 PM   #3
FetishTemptress
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Well, they sure wont be around for long!!
How do people get away with stuff like that!!??

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Old 02-21-2003, 02:51 PM   #4
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you have to just about sell them a kidney to get full access to their site anyway.
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Old 02-21-2003, 03:43 PM   #5
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Am I being stupid?

Where are the samples?
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Old 02-21-2003, 03:47 PM   #6
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I sale short lawsuits.
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Old 02-21-2003, 03:48 PM   #7
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Quote:
Originally posted by charly
Am I being stupid?

Where are the samples?
"This auction contains adult erotic images. Samples are only availible to Verified account holders. To register your account please go here"

note: their poor spelling, not mine...
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Old 02-21-2003, 03:50 PM   #8
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Samples are not loading and I won't register to access their content site.
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Old 02-21-2003, 03:54 PM   #9
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Quote:
Originally posted by charly
Am I being stupid?

Where are the samples?
I guess they figure they'll lure more people in so they can spam them or something if they have to register before even seeing a sample thumbnail...
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Old 02-21-2003, 04:02 PM   #10
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i can't reach ImageAuction.com. anybody else?
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Old 02-21-2003, 04:05 PM   #11
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Quote:
Originally posted by Mutt
i can't reach ImageAuction.com. anybody else?
I got in. I just bought Charly's entire image collection for $50, with resale rights!
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Old 02-21-2003, 05:34 PM   #12
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you have to register to get one access..then register with even more info to be able to bid..even more to be at another level to see more stuff. Too much information from me just to see if there is anything I am acutally interested in.
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Old 02-21-2003, 06:51 PM   #13
jact
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Quote:
Originally posted by Mr.Fiction


I got in. I just bought Charly's entire image collection for $50, with resale rights!
Wow, I would have figured the reserve on Charly's stuff would have been set a lot higher! To at least $75! :D
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Old 02-21-2003, 07:10 PM   #14
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I got a mail from them long ago...where they asked to help selling my content - 50 % commision to them.
I don't think they get a lot of providers to fall for that, maybe some amateur photographers shooting their girlfriend.
I will look through my mail to see if I kept it...If so, I will post it here for info.
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Old 02-21-2003, 07:14 PM   #15
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Found the mail

"From: Support
Date: 9. december 2002 23:19:22
To: [email protected]
Subject: ImageAuction.com

Hi,

I'm writing to you because you license content to adult webmasters on
the internet. I wanted to introduce you to our service at
ImageAuction.com. We offer original content producers the ability to sell
rather than license their content and reap the benefits of their work now
rather than waiting years for license income. We have created a seller
information page to answer many of the questions you might have:

http://www.imageauction.com/index.cf...on=seller_info

but don't hesitate to call or email if you have any additional questions.
([email protected] 813-878-2187)

We are presently offering a $100 verification credit to sellers who sign up
before Internext and
discounts on our already very low and competitive commission rates for any
sets you add to ImageAuction before Internext Expo 2003.

If you broker content, ImageAuction can also benefit you by allowing you to
buy/sell unrestricted content for license, resale or use in leased
galleries.


Thank you for your time,

Jason
EOE Inc
[email protected]

.
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Old 02-21-2003, 07:20 PM   #16
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A lot of people don't seem to understand when they are buying nonexclusive content, that all they own is a license to use under the terms of the license, which, short of selling the entire business including transferring the content licensed to it, is normally not theirs to resell.
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Old 02-21-2003, 07:22 PM   #17
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i knew i had heard of this before. I checked my email box, a few months ago they sent me this e-mail. Sounds like rubbish to me.
People just want to buy decent content at decent prices, this auction thing was tried years ago with content.

And 50% is too much for any broker to take - unless they can prove HUGE sales, sales you couldn't come close to doing on your own. They can't do that, i've seen the numbers from the photographer's end.







Hi,

I'm writing to you because you license content to adult webmasters on
the internet. I wanted to introduce you to our service at
ImageAuction.com. We offer original content producers the ability to sell
rather than license their content and reap the benefits of their work now
rather than waiting years for license income. We have created a seller
information page to answer many of the questions you might have:

http://www.imageauction.com/index.cf...on=seller_info

but don't hesitate to call or email if you have any additional questions.
([email protected] 813-878-2187)

We are presently offering a $100 verification credit to sellers who sign up
before Internext and
discounts on our already very low and competitive commission rates for any
sets you add to ImageAuction before Internext Expo 2003.

If you broker content, ImageAuction can also benefit you by allowing you to
buy/sell unrestricted content for license, resale or use in leased
galleries.


Thank you for your time,

Jason
EOE Inc
[email protected]
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Old 02-21-2003, 07:28 PM   #18
jact
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Quote:
Originally posted by UnseenWorld
A lot of people don't seem to understand when they are buying nonexclusive content, that all they own is a license to use under the terms of the license, which, short of selling the entire business including transferring the content licensed to it, is normally not theirs to resell.
One of their auctions lists the custodian of records as

Quote:
Documentation for this set will not be made available. Please use the above custodian of records information.
And the description of the title as

Quote:
All of our auction were bought by use for use on our sites but we never recieved documentation so we don't have it available to sell. Priced to sell.
Do you really think they have rights to resell these images? Let alone the fact that selling something lacking a custodian is illegal? Shesh.
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Old 02-21-2003, 07:31 PM   #19
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Quote:
Originally posted by jact


Do you really think they have rights to resell these images? Let alone the fact that selling something lacking a custodian is illegal? Shesh.
You know what happends, when you are pissing into the wind...They won't be here for long...
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Old 02-21-2003, 07:35 PM   #20
LadyMischief
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This guy said this on another board:

Quote:
Sorry to inform you but your business model is failing and will ultimately be replaced. ImageAuction aims to provide that replacement. You can either be behind the curve or ahead of it. Your choice.
And this is right from his FAQ
Quote:
Can I get the legal documentation?
Maybe. Some sellers offer copies of supporting documentation. There is an additional fee for this service. If, for legal reasons, you require the documentation (model releases, photo IDs, etc) then you should only look for auctions that have documentation which can be done using the Advanced Search option
I'm sorry if I was under the impression that it was illegal to display any sort of adult images without at least a listing for a custodian of records, or am I on crack here? Who do these people think they are fooling? I feel sorry for the people that actually fall for this crap and then end up with useless content in the end.. He's mostly pitching to newbies I think though.

There needs to be some kind of a requirement for people to at least learn what title18 means before they get into ventures like this, I swear.

Anyways, figured it was worth bringing to people's attention.
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Old 02-21-2003, 07:40 PM   #21
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I saw a set of pics I wanted that had a license. 47 pics (if I remember right). Of the 47, about 10 were what I wanted and could be used. So, I bid $3. The low bidder was $1.

The other day I saw the reserve for 47 pics -- $135.00

Either this photographer has his head up his hiney or he truly thinks his materials are gold
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Old 02-21-2003, 07:54 PM   #22
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Quote:
Originally posted by HairToStay
I saw a set of pics I wanted that had a license. 47 pics (if I remember right). Of the 47, about 10 were what I wanted and could be used. So, I bid $3. The low bidder was $1.

The other day I saw the reserve for 47 pics -- $135.00

Either this photographer has his head up his hiney or he truly thinks his materials are gold
If it's legal and it's exclusive, that's a fair reserve price, but.. From what I read about how their system works, it isn't exclusive.. I may be reading it wrong though..
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Old 02-21-2003, 08:35 PM   #23
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The folks at ImageAuction just informed us on another board because their agreement idemnifies them of damages if the content is illegal, it really doesn't matter if it's legal or not. (Paraphrasing).

Very interesting what some people believe in this world.
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Old 02-21-2003, 10:45 PM   #24
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Jesus,

What the F$#@!
I dont even know what to say about this one....
I hope no one falls for this crap.......
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Old 02-21-2003, 10:51 PM   #25
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Quote:
Originally posted by Randy
Jesus,

What the F$#@!
I dont even know what to say about this one....
I hope no one falls for this crap.......
Don't worry, that's exactly what I felt like when I saw this guy spouting crap about how our business model (content providers) suck and bitching about licenses that weren't unrestricted. Oh, and basically saying that 2257 laws didn't apply to him. Uh huh. Of course, mention was made of this thread and he quickly bailed. I WISH he would come over here and spout the same bs he was spouting elsewhere. That would be funny as hell. Ahhwell.
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Old 02-21-2003, 10:53 PM   #26
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Any webmaster who buys anything from these folks are nuts. They seem to have no clue about the law. You could be buying stuff that they have no legal right to sell, sure sounds like they don't really pay too much attention to detail.
I still can't reach their site so i can't see what they're selling.

It sounds to me like part of their deal is to sell exclusive content by auction? What normal person is going to buy exclusive content without the original model release and ID's ? it wouldn't hurt to have a release from the photographer himself.
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Old 02-21-2003, 11:00 PM   #27
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Quote:
Originally posted by Mutt
Any webmaster who buys anything from these folks are nuts. They seem to have no clue about the law. You could be buying stuff that they have no legal right to sell, sure sounds like they don't really pay too much attention to detail.
I still can't reach their site so i can't see what they're selling.

It sounds to me like part of their deal is to sell exclusive content by auction? What normal person is going to buy exclusive content without the original model release and ID's ? it wouldn't hurt to have a release from the photographer himself.
I'm not entirely sure how their system works but I do believe it involves multiple winners of an auction, so how it's exclusive, I don't know.. Plus they've got people buying and selling the same pics over and over on the site.. Too much required just to read how things work over there..
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Old 02-21-2003, 11:03 PM   #28
LadyMischief
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Quote:
Originally posted by Mutt
Any webmaster who buys anything from these folks are nuts. They seem to have no clue about the law. You could be buying stuff that they have no legal right to sell, sure sounds like they don't really pay too much attention to detail.
I still can't reach their site so i can't see what they're selling.

It sounds to me like part of their deal is to sell exclusive content by auction? What normal person is going to buy exclusive content without the original model release and ID's ? it wouldn't hurt to have a release from the photographer himself.
There seem to be some legitimate producers there and I sincerely wish them the best (though I would hope they wouldn't stick to this exclusively). However there are some image sets that are quesitonable at BEST, and don't come with documentation... Let me show you what this guy posted to another board.

Quote:
Sec. 2257 only involves content that contains actual sexually explicit conduct. The term ''actual sexually explicit conduct'' means actual but not simulated conduct as defined in subparagraphs (A) through (D) of paragraph (2) of section 2256 of this title;

That is (A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or

Section 2257 specifically omits subparagraph (E) of of paragraph (2) of section 2256

That subparagraph is (E) lascivious exhibition of the genitals or pubic area of any person;

It can therefore be read that 2257 labeling requirements does not include simple nudity even when that nudity includes lascivious exhibition of the genitals. 2257 also excludes similated sexual conduct.

Of course we recommend that all content sold include the Custodian of Records labeling information but the final interpretation is left to the seller and buyers.
I personally have never heard this law taken so liberally, and while this may be his choice or whatever, I don't think it's fair to webmasters who buy content and might not know better. A lot of people are going to get sucked in before they learn.

He may or may not be "legitimate" per se, but I dunno, seems pretty unusual to me, and very easy to abuse. I very highly doubt it's going to replace the tried and true content provider approach too quickly, either. Hard to inspire confidence when you can't even guarentee documents that will keep their customers out of hot water (or at least contribute to it).
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