ain't that the truth:thumbsup

I appreciate the discussion. There is a knowledge component to contributory infringement, and whether you promote the infringing aspect of the service matters on the contributor level. If I post a video from sitex on my tube site and sitex infringes on nothing, but is part of sponsorY which does infringe on something, my display of the sitex content doesn't contribute to the infringement directly. It's a very interesting line of potential liability, and I will speak with my lawyer about it on Monday. I dont think it is applied as broadly as you suggest it could be, but if I'm incorrect I'd much rather find out from my lawyer than a plaintiff's lawyer :winkwink:

Thanks.

The document refers to a number of different court cases the most recent a 2009 verdict in favor of trademark owner. So it's 5 years old at the most.


.

Yup, I noticed the case dates. Just very surprised any reputable lawyer would send an undated doc like that to someone.
Definitely helpful and will forward it to my own attorney with my questions, thanks.

Keep uploading to tubes. It's your only hope, obi one.

http://media.tumblr.com/f86f3342d5c3...QMK1rjkky4.gif http://media.tumblr.com/f86f3342d5c3...QMK1rjkky4.gif http://media.tumblr.com/f86f3342d5c3...QMK1rjkky4.gif http://media.tumblr.com/f86f3342d5c3...QMK1rjkky4.gif

I have to second this.

There are enough challenges for this industry in 2014, without having a bunch of fake nick sock puppets trying to rain on every parade they can find.

If you want to be taken seriously, be willing to stand by what you say.

need to renew thugboyfriends.com.

There are a lot of people with agendas in this thread. Ruff being one of them. Judging by his websites, I am actually guessing that he attended the same Frontpage HTML local classes as Peabody. They have a bond. I get it.

That being said, the funniest part of this thread is that their is so much case law, bullshit being thrown around? Fuck. You people should throw the same sort of citations around protecting what it is that you own and produce that the tube steal EVERY FUCKING DAY.

But yet this thread is all about copyright from some gay ass bullshit cartoon. Which is stupid.

Gay asses. Right your own wrongs before you speak up. If you can't afford it and are willing to take it up the ass? I guess it's not so important after all.

who are u in this biz?

Do not argue with ruff. he is a fucking moron. He doesn't even know his real identity.

porn nerd is a good guy man, shit happens, have to move on, no need for this.

So how is changing my company name in any way ANYONE'S business and a cause for all this fake drama? LOL That was almost a year ago, I've moved on (as have my affiliates and partners). This is so far in my rear view mirror I find it hard to comment.

Affiliates are fine and making money with my Program(s). If people don't want to believe my explanations for the name change who really cares? How does this affect anyone?

Have a great weekend people. Obviously I need to take a break from GFY for awhile. LOL

shermancash.com still available.

This thread is a perfect example of how GFY has actually is becoming a more worthless place to do business every day. Used to be a lot of useful information here, but now any details about anyone's business are just used to harass and troll. Seems disclosing one's url on GFY is about the worst mistake a person can make, sooner or later some bitch faggot wants to come along and fuck with you about it just for a little attention.

An affiliate program URL is about the most interchangeable thing in the business. Half the scammers in the industry would be long gone if that weren't the case.

Losing 5 years of hard work? Whatever. A quick newsletter to affiliates saying "Get your stats over here instead" will solve that. No need to even change links.

This was done via emails and this Announcement on GFY. The transition from the old name to the new name was almost seemless and NO affiliates lost out on a single penny.

This is really old, old news.

Yes but also keep in mind there is no advantage for an affiliate to share what they do exactly or which sites they own since it increases the risk of copycats. The situation is different for a sponsor or service provider who is looking to network in order to drive more sales or recruit affiliates. You derive advantage from the visibility. An affiliate usually will not.

Mr. Peabody has been around since the 60's. It's likely Dreamworks took over the TM from whoever owned it prior, in the lead up to production and distribution of the film.

And the film tanked. Case closed.

What does the film taking have to do with trademarks and distribution?

If there were going to be a "so called" issue, it would have happened already. Don't you think? This is old, old news and you have to ask yourself, what is the point of bringing it up now?

squeaker is proof that IQ follows the laffer curve. There is a point that an intelligent man overthinks so bad his conclusions are as dumb as a retard eating bread & butter off the floor.

really. to express concern an affiliate may be subject to secondary copyright liability, then to say im too lazy too look into whether it actually happened in the real world.

thanks for that LOL.

:)

:Oh crap:Oh crap:Oh crap

For you that may be true, for most it is utter nonsense. The biggest problem GFY faces is the anonymity afforded idiots who own nothing and say anything without ever demonstrating even a tiny bit of professionalism. I completely understand why someone wouldn't show all their sites or many of their sites or most of their sites... But if you don't have a single site you can show someone who asks what you do... You are either a genius or a fraud. 99.99999% are frauds. You may well be that .00001%, but it's nonsense to think the others are all protecting super-secret internet business strategies when they refuse to name a single site they own that is one worth owning.

I don't expect anyone here to read above the 3rd grade level so I am not shocked at your poor understanding of what was being discussed. I can only suppose there are too many big words for you.

I said didn't know if RICO could apply to secondary infringement in any way or in the same way it can apply to primary infringement. I said I was too lazy to do the research to see if there are any possible arguments or circumstances which would pass the tests..... and as I've said, affiliates have been held liable plenty of times in mainstream for their contributory infringement which only takes 2 fucking seconds to verify.

Congrats in your attempt at reading and kudos to you for having the courage to post the results... as abysmal as they were. You were almost close. Stick with it, it should get easier for you.

Ok, so you make a claim and yet also admit that you haven't done the research to back that claim... but then you expect everyone else to believe that what you are saying is true, and when you're called on it you tell them to go look it up themselves.

You fail debating 101 my friend.

And not to mention, this entire thread is pointless, starting this thread was pointless and you have yet to really make any valid points that you can back up whatsoever. Perhaps you should go read the very first post in the thread titled "THIS is why you are not successful in Adult!" -- which, ironically enough, was posted by you -- and apply it to your own life instead of constantly trying to rub someone else' failure/mistake in their face a year or so after the fact as if it makes any fucking difference one way or another at this point in time.

Another tard that can't read. No, I did not make any claim that the civil application of RICO statutes could possibly apply to the secondary infringer.

There is infringement
There is the secondary infringement (webmasters)
There is the civil allocation of RICO statutes which can definitely apply to the primary infringer (if the act passes the tests)

I said i did not know if RICO could in any way apply to the secondary infringer which basically allows for triple damages.

There is zero question as to whether or not he was infringing on their marks with the domain(a) and use of the name

Telltale sign of an argument lost... when the other person resorts to childish name calling.

You still don't get it do you? You are the "tard". You are bringing up something no longer relevant to anyone on this board. You are deliberately doing it to fuck with a real working webmaster. You are just a shit. Go fuck yourself.

The arguments are spelled out. The name calling is just a bonus.

You are potentially liable until the statute of limitations runs out. Unless Dreamworks gave you a pass.

Incorrect. You have yet to prove anything -- except for how much of an ass you are -- and resorting to name calling immediately discredits anything you had to say beforehand; regardless of whether or not your initial point had any merit to begin with; which as far as anyone else can tell, it didn't.

And maybe if you spent as much time working on your super secret, extra classified sites & projects that no one in the world can know about as you do posting utter garbage about other people on an internet forum; perhaps you wouldn't be stuck as an anonymous nobody who does nothing but pretend they are successful while trying to drag others through the mud for their past mistakes/failures.

I suggest you read the very first post in this thread. Then read it again. And keep reading it until it sinks in. Once that happens, reflect on your own life and seriously ask yourself if you'd like having someone there to rub everything you've ever done wrong in your face over and over again like a broken record that should have been thrown away ages ago: https://gfy.com/showthread.php?t=1139168

Yeah, he's going to make up a story as to why he's changing, because it's none of your fucking business as to why.... and if there's legal pressure, he's not going to name the people going after him.

That's exactly what i was thinking as well, anyways gl with this

I do not understand why they are here. I have seen numerous people openly state that they have not made a dime in this industry, do not have even a basic aff site, no skin in the game AT ALL... and yet here they are. If you are not involved in this industry, shouldn't you be posting on forums for people in the industry you are actually in? If you are not actively involved in adult RIGHT NOW, why are you posting? :2 cents:

You are not a lawyer. I have no liability whatsoever. You are just here in this forum to cause trouble to a legitimate working webmaster. You are a threat. You offer nothing constructive at all. You are a waste of time. And worst of all, you are not even in this business.

People think post counts matter /facepalm

That's why, until I know a specific site someone owns, or hear from someone else I know that the poster is a real webmaster, i give very little weight to anything they post. After being in this industry a while, if nobody you know has heard of someone and the person can't name a single website they own... It's almost a certainty that they have no skin in the game and provide nothing useful.

Hahaha Porn Nerd got pwned with a capital P !!! Hear that Nerd Guy? Why don't you go launch a few more networks and make some more $$$ you sorry ass loser. Yeah, and ...... wait .......... whut?

I dont know how its even a trademark issue. It wasnt like his logo was a fish with glasses, it was just a last name . Say his name was Bill Peabody and he wanted to call his program Mr Peabody.

If there was a like button, I would of pushed it for this post :thumbsup

The thing is, and this is pure speculation, I am pretty sure Mr. Peabody had been an inactive franchise for many years, with no new material being created since the 60's. Just in case the movie went big, they needed an established record of actively defending their trademarks and ThePornNerd was likely the easiest kid in the playground to pick on to establish or expand that history.

He could likely have defended his domain name in court but that would have taken years and tons of money, and since as I mentioned before, the url of an affiliate program is probably one of the easiest things to change, it's much easier to let them have the stupid URL and move on.