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-   -   Hush gets a real present in its lawsuit against Mindgeek I was all too happy to deliver it (https://gfy.com/showthread.php?t=1184287)

Robbie 02-08-2016 10:32 AM

Fiddy thieves.

ITraffic 02-08-2016 10:35 AM

don't worry in a few short years the majority of the population will be locked away in their rooms with their vr goggles enjoying incredible endless virtual porn orgies while laying on a bed of cum socks and fast food containers and the all mighty porn tubes will look as quaint as myspace and yahoo groups do today.

adapt or die.

The Porn Nerd 02-08-2016 10:40 AM

Robbie I can break it down for you easily with one single legal word that is the basis for everything in this thread:

Liability.

IF Pornhub (or any other tube) took down even ONE "illegally pirated video" (as in the naughty America example you posted) the tube would then ACKNOWLEDGE they have the ability to discern pirated videos, thus opening up the floodgates. It's called liability and it's the #1 issue large companies care about.

If someone sends a DMCA they respond but barring an actual, official, 100% "legal" DMCA request, the videos MUST stay up even if the tube owners know 100% the video is pirated. Taking it down without a DMCA opens up the tubesite to all kinds of legal messes. The LAW says this so that's what the tubes follow.

As has been said MANY times here on GFY: If we don't like it, change the DMCA law. This is why I always call for lobbyists in Washington. Nothing else will change jack shit. Sorry. :(

TheSquealer 02-08-2016 10:43 AM

Quote:

Originally Posted by The Porn Nerd (Post 20724135)
Robbie I can break it down for you easily with one single legal word that is the basis for everything in this thread:

Liability.

IF Pornhub (or any other tube) took down even ONE "illegally pirated video" (as in the naughty America example you posted) the tube would then ACKNOWLEDGE they have the ability to discern pirated videos, thus opening up the floodgates. It's called liability and it's the #1 issue large companies care about.

If someone sends a DMCA they respond but barring an actual, official, 100% "legal" DMCA request, the videos MUST stay up even if the tube owners know 100% the video is pirated. Taking it down without a DMCA opens up the tubesite to all kinds of legal messes. The LAW says this so that's what the tubes follow.

As has been said MANY times here on GFY: If we don't like it, change the DMCA law. This is why I always call for lobbyists in Washington. Nothing else will change jack shit. Sorry. :(

I think the bigger point is that reviewing every single video negates the safe harbor defense, which is the argument that you don't and can't review every single video. If there is no safe harbor, DMCAs aren't relevant. (i think?)

MaDalton 02-08-2016 10:49 AM

this discussion is about 7 years late, nowadays the few paysites that are left happily supply 12-15 min videos for free in exchange for traffic

and since there are just a few paysites left, tube owners started doing their own

The Porn Nerd 02-08-2016 10:58 AM

Quote:

Originally Posted by TheSquealer (Post 20724138)
I think the bigger point is that reviewing every single video negates the safe harbor defense, which is the argument that you don't and can't review every single video. If there is no safe harbor, DMCAs aren't relevant. (i think?)

Well I think that's the sticking point here. It's a bit of a grey area. If a website is reviewing all videos can it have safe harbor? I think YES - as long as they are ONLY screening for "illegal" material (CP, blood, etc) and not "copyrighted" material (which as has been pointed out is difficult to 100% identify).

This is my understanding but I do not run a tube site (yet). LOL

sperbonzo 02-08-2016 10:59 AM

Quote:

Originally Posted by The Porn Nerd (Post 20724135)
Robbie I can break it down for you easily with one single legal word that is the basis for everything in this thread:

Liability.

IF Pornhub (or any other tube) took down even ONE "illegally pirated video" (as in the naughty America example you posted) the tube would then ACKNOWLEDGE they have the ability to discern pirated videos, thus opening up the floodgates. It's called liability and it's the #1 issue large companies care about.

If someone sends a DMCA they respond but barring an actual, official, 100% "legal" DMCA request, the videos MUST stay up even if the tube owners know 100% the video is pirated. Taking it down without a DMCA opens up the tubesite to all kinds of legal messes. The LAW says this so that's what the tubes follow.

As has been said MANY times here on GFY: If we don't like it, change the DMCA law. This is why I always call for lobbyists in Washington. Nothing else will change jack shit. Sorry. :(


This is true.


Messed up...


But true.








.

ITraffic 02-08-2016 11:07 AM

Quote:

Originally Posted by The Porn Nerd (Post 20724160)
Well I think that's the sticking point here. It's a bit of a grey area. If a website is reviewing all videos can it have safe harbor? I think YES - as long as they are ONLY screening for "illegal" material (CP, blood, etc) and not "copyrighted" material (which as has been pointed out is difficult to 100% identify).

This is my understanding but I do not run a tube site (yet). LOL

i think that nails it as youtube and vimeo and such would have been put out of business long ago.

what is trump's stance on dmca laws anyways?

Barry-xlovecam 02-08-2016 11:18 AM

Quote:

Originally Posted by Barry-xlovecam (Post 20723749)

Is there something you didn't understand?

Looks like a duck, walks like a duck and it quacks like a duck -- it is a fucking duck ...

The Porn Nerd 02-08-2016 11:43 AM

Quote:

Originally Posted by Barry-xlovecam (Post 20724191)
Is there something you didn't understand?

Looks like a duck, walks like a duck and it quacks like a duck -- it is a fucking duck ...

Maybe in Poland. LOL

"Knowledge" is a debatable thing.

JFK 02-08-2016 11:53 AM

Quote:

Originally Posted by The Porn Nerd (Post 20724220)
Maybe in Poland. LOL

"Knowledge" is a debatable thing.

Specially on GFY :Graucho

vending_machine 02-08-2016 11:56 AM

There has been no established crime being committed by the courts of law in this case, yet. How does that affect the whistle blower if he sends information to a blogger, and the blogger in turn posts the information in its entirety on his own blog and also on message boards for hundreds to read?

Providing the information directly to legal council or authorities seems safer if you ask me..

mikesouth 02-08-2016 11:58 AM

Quote:

Originally Posted by AdultKing (Post 20723177)
Someone with "integrity" wouldn't keep repeating this outright lie you keep trotting out. Nobody owns me or my opinions. Your assertion that anyone can "buy me" is a stupid lie.

You don't have integrity, you have an ego and a big mouth which bypasses your brain preventing you from availing yourself of both fact and logic.

DMCA does not break down because a user submitted content site weeds out content, if that were the case then YouTube would have disappeared years ago.

The DMCA is a very flawed piece of legislation, it puts the problem into the hands of rights holders and rarely provides them benefit. Large tubes know this, they play the game very well and for the most part play it according to the law.

For the situation to change the laws need to change, until that happens I don't foresee modification in the behaviour of any large tube site being a likely outcome.

out right lie huh....you gonna state here publicly that you never accepted money from fabian? or any MindGeek company? I seem to recall your price was 10k a month. If you state you didn't you are a lying mother fucker and we both, as well as others here know it.

It was a good play on Fabians part too...whatever the man may be he wasnt that dumb...you were having promising success so he shields himself and his companies and pays you to help eliminate his biggest competition.

I will give you this...once bought and paid for you stay bought....

Fabian isnt a liar...ya right i seem to recall that he denied owning tube sites untill it was proven here that he did

you are a piece of shit...most of us here know it....

AdultKing 02-08-2016 01:23 PM

Quote:

Originally Posted by mikesouth (Post 20724247)
out right lie huh....you gonna state here publicly that you never accepted money from fabian? or any MindGeek company? I seem to recall your price was 10k a month. If you state you didn't you are a lying mother fucker and we both, as well as others here know it.

You're wrong.

Copy Control (the stop file lockers project) was supported by several people and companies in the industry. I volunteered 2 years of my time to the project and never saw one cent.

Let me repeat that for your doltish, thick headed, half-witted brain of yours. I did not receive one cent from anyone, in fact at the end of the project I was out of pocket thousands of dollars.

Nobody can buy me, or my opinions. I have my own mind and will say things as I see them, like it or not.

The fact is that screening content uploaded to a user submitted content site to weed out content that is illegal does not invalidate DMCA. They are two completely different issues. One is related to the matter of the content, the other is related to the owner of the content.

The matter of the content is easily determined, therefore clearly illegal content can be put in the bin and it won't have any effect on the safe harbour afforded the service provider under the DMCA.

If you don't like the DMCA, and I don't, then change the law.

mikesouth 02-08-2016 01:33 PM

Quote:

Originally Posted by AdultKing (Post 20724358)
You're wrong.

Copy Control (the stop file lockers project) was supported by several people and companies in the industry. I volunteered 2 years of my time to the project and never saw one cent.

Let me repeat that for your doltish, thick headed, half-witted brain of yours. I did not receive one cent from anyone, in fact at the end of the project I was out of pocket thousands of dollars.

Nobody can buy me, or my opinions. I have my own mind and will say things as I see them, like it or not.

The fact is that screening content uploaded to a user submitted content site to weed out content that is illegal does not invalidate DMCA. They are two completely different issues. One is related to the matter of the content, the other is related to the owner of the content.

The matter of the content is easily determined, therefore clearly illegal content can be put in the bin and it won't have any effect on the safe harbour afforded the service provider under the DMCA.

If you don't like the DMCA, and I don't, then change the law.

Dont try to spin it cocksucker you know damn well, just as I do that you and or whatever your little project was was on Fabians payroll...I supported you ate first but I supported The FSC at first as well you both sold out to Fabian.

Spin it any way you like, you sold out making you just another POS.

plaster 02-08-2016 01:43 PM

I still don't understand why you people fail to read ALL of the language of safe harbor??

"This safe-harbor provision is found in section 512(c), and it states that, as the administrator of a website or other service, you will not be held liable for money damages for infringing content posted "at the direction of a user," as long as you

do not have actual knowledge that there is infringing content on your servers, or know any surrounding facts that would make the infringing use apparent;

do not receive any financial benefit directly attributable to the infringing activity if you have the ability to control such activity; and

act expeditiously to remove or disable access to the infringing material upon obtaining knowledge or awareness that the material is infringing or upon receiving a properly drafted notice of infringement (more below).
"

What is enlarged above could be easily argued by any attorney.

How can you people keep talking about being protected when it clearly shows you aren't if you monitor every single video. Ignorance can be argued as defense but judges aren't stupid, jurors aren't stupid.

AdultKing 02-08-2016 08:43 PM

You're all fucking stupid [/thread]

Seriously, read the fucking legislation and understand the concept of safe harbour.

Screening out subject matter is different from making a determination about copyright or ownership.

I don't understand why some of you are so fucking thick that you can't wrap your heads around that concept.

plaster 02-08-2016 08:54 PM

Quote:

Originally Posted by AdultKing (Post 20724775)
You're all fucking stupid [/thread]

Seriously, read the fucking legislation and understand the concept of safe harbour.

Screening out subject matter is different from making a determination about copyright or ownership.

I don't understand why some of you are so fucking thick that you can't wrap your heads around that concept.

Safe "harbor" is how it is spelled in the states. And since Manwin operates out of the US, it is governed by US law, and subsequently, US spelling.

SplatterMaster 02-08-2016 09:05 PM

Until a takedown notice is receive, site owners don't know who uploaded what? As far as they are concerned the copyright owner uploaded it themselves. Reviewing content doesn't change that.

astronaut x 02-08-2016 09:24 PM

....and yet, there are still sooooo many on this board who are going to protect all the other bogus shit going on in the industry. Mindgeek is just the poster child.

The real enabler is rooted much deeper, and lives in the majority of the individuals and people who choose to look the other way in this industry, because they know it means potential empty pockets.

plaster 02-08-2016 09:37 PM

Quote:

Originally Posted by astronaut x (Post 20724800)
....and yet, there are still sooooo many on this board who are going to protect all the other bogus shit going on in the industry. Mindgeek is just the poster child.

The real enabler is rooted much deeper, and lives in the majority of the individuals and people who choose to look the other way in this industry, because they know it means potential empty pockets.

What is really strange is how Adultking went on a 2 year binger to protect rights holders via fighting file lockers and is now calling same rights holders retarded because said rights holders feel like tubes are the problem, not file lockers.

mikesouth 02-08-2016 11:09 PM

Quote:

Originally Posted by plaster (Post 20724804)
What is really strange is how Adultking went on a 2 year binger to protect rights holders via fighting file lockers and is now calling same rights holders retarded because said rights holders feel like tubes are the problem, not file lockers.

I can answer that because Fabian bought him plain and simple. I suppose everyone has a price maybe even me though I cant imagine anyone waving what it might take at me.....I can say its a lot more than the 10K a month that AdultShitStain sold out for, and a lot more than the 40K a month that the FSC sold out for...

he is wrong about his stance on the DMCA as I am sure his buddies at Manwin would tell him off the record of course....seems they had LOTS of meetings today on my post...they know that names and titles got out and that scares them....and it mat be that the trump card is gonna get played....my understanding is that MindGeek is very worried that VISA is gonna get involved....one way or the other...

AdultKing 02-09-2016 12:29 AM

Quote:

Originally Posted by plaster (Post 20724804)
What is really strange is how Adultking went on a 2 year binger to protect rights holders via fighting file lockers and is now calling same rights holders retarded because said rights holders feel like tubes are the problem, not file lockers.

I'm not calling rights holders anything, I'm calling the mostly nameless or useless idiots in this thread stupid.

I have the utmost sympathy for rights-holders but it's not individuals to blame in this scenario, it's the law. The Digital Millennium Copyright Act is flawed and companies are legally exploiting those flaws, just as companies legally exploit loopholes in other laws.

If you want to fix this problem once and for all then change the law, because until that happens everyone is just blowing smoke.

Paul Markham 02-09-2016 01:52 AM

Quote:

Originally Posted by MaDalton (Post 20724145)
this discussion is about 7 years late.

And a waste of time.

The only place this will be decided is in a court of law.

plaster 02-09-2016 05:35 AM

But Hush has an active lawsuit. Are they stupid and their attorney's ak? Is it your professional recommendation for them to withdraw lawsuit because they don't understand...

THE LAW?

slapass 02-09-2016 06:30 AM

Quote:

Originally Posted by The Porn Nerd (Post 20724135)
Robbie I can break it down for you easily with one single legal word that is the basis for everything in this thread:

Liability.

IF Pornhub (or any other tube) took down even ONE "illegally pirated video" (as in the naughty America example you posted) the tube would then ACKNOWLEDGE they have the ability to discern pirated videos, thus opening up the floodgates. It's called liability and it's the #1 issue large companies care about.

If someone sends a DMCA they respond but barring an actual, official, 100% "legal" DMCA request, the videos MUST stay up even if the tube owners know 100% the video is pirated. Taking it down without a DMCA opens up the tubesite to all kinds of legal messes. The LAW says this so that's what the tubes follow.

As has been said MANY times here on GFY: If we don't like it, change the DMCA law. This is why I always call for lobbyists in Washington. Nothing else will change jack shit. Sorry. :(

And you don't think they screen out their own content? I think that would be where the flood gates open. This is a real question as I have not noticed if they do or not.

AdultKing 02-09-2016 07:07 AM

Quote:

Originally Posted by plaster (Post 20725017)
But Hush has an active lawsuit. Are they stupid and their attorney's ak? Is it your professional recommendation for them to withdraw lawsuit because they don't understand...

THE LAW?

Lawsuits are sometimes a tactic. Running a case is expensive, so sometimes it's easier and lower cost to settle rather than defend a lawsuit.

I have no idea what the litigants are thinking in this case.

astronaut x 02-09-2016 02:42 PM

Quote:

Originally Posted by AdultKing (Post 20724858)
I'm not calling rights holders anything, I'm calling the mostly nameless or useless idiots in this thread stupid.

I have the utmost sympathy for rights-holders but it's not individuals to blame in this scenario, it's the law. The Digital Millennium Copyright Act is flawed and companies are legally exploiting those flaws, just as companies legally exploit loopholes in other laws.

If you want to fix this problem once and for all then change the law, because until that happens everyone is just blowing smoke.

Well, I wasn't addressing you personally. I wasn't even aware of the allegations that were being thrown at you. I actually thought you were someone who was defending this industry with your stance on file lockers. But then again, why would Mindgeek like file lockers?

I have been in this industry since 1996. From the start I owned arguably one of the largest trafficked adult sites in its day, and the number one site in its niche for several years. Whenever I see someone rip someone on here for having a low post count, or not flying a sig and calling them nobodies, I only see them grasping at whatever they can, because they are getting called out for being a fuckwad. Probably a big reason I don't fly a sig is because of the state of this industry. I have watched this industry erode itself from the inside out for 20 years. I have always done honest business and refused to work with every shady fuck, even if I could have made a few extra bucks. I have called many of them out on this board at times, and unsurprisingly watched industry "leaders" defend and bro up with these shady fucks at every twist and turn.

I could go on, but then again, who is going to listen to a "nobody" who has a low post count and doesn't fly a sig or flash my bro pass.

ilnjscb 02-09-2016 04:13 PM

Quote:

Originally Posted by The Porn Nerd (Post 20724135)
Robbie I can break it down for you easily with one single legal word that is the basis for everything in this thread:

Liability.

IF Pornhub (or any other tube) took down even ONE "illegally pirated video" (as in the naughty America example you posted) the tube would then ACKNOWLEDGE they have the ability to discern pirated videos, thus opening up the floodgates. It's called liability and it's the #1 issue large companies care about.

If someone sends a DMCA they respond but barring an actual, official, 100% "legal" DMCA request, the videos MUST stay up even if the tube owners know 100% the video is pirated. Taking it down without a DMCA opens up the tubesite to all kinds of legal messes. The LAW says this so that's what the tubes follow.

As has been said MANY times here on GFY: If we don't like it, change the DMCA law. This is why I always call for lobbyists in Washington. Nothing else will change jack shit. Sorry. :(

Quote:

Originally Posted by TheSquealer (Post 20724138)
I think the bigger point is that reviewing every single video negates the safe harbor defense, which is the argument that you don't and can't review every single video. If there is no safe harbor, DMCAs aren't relevant. (i think?)

Precisely. Understanding that court cases are decided by judges, and law is of less relevance(believe it) than case law. In fact there are examples where the Supreme Court has ruled something, but judges do the opposite because of established case law.

If, as a plaintiff, you can produce proof that the defendant had the ability to police content proactively, and yet did not in all cases, you demonstrate to the judge that the defendant has no credibility when it says it can't police content.

By never acknowledging in any form or fashion that it has that ability, the defendant protects itself from being condemned by its own behavior. You can see this sort of silliness all the time in court, with defendants failing to produce bank records and then claiming they have no access to them, or lost them. You or I would say, "can't you log on and ..." but the judge can't say that, and people are rarely penalized. By simply stating blankly that they can't do something, they create a burden that can't be passed without concrete evidence, even in a civil case.

adultmobile 02-09-2016 04:42 PM

Quote:

Originally Posted by astronaut x (Post 20725443)
I could go on, but then again, who is going to listen to a "nobody" who has a low post count and doesn't fly a sig or flash my bro pass.

But you list these Interests:
rocket science, chemistry, quantum pyhsics, astronomy, alien languages

https://33.media.tumblr.com/b4449960...szxb0t_500.gif

Brad Mitchell 02-09-2016 06:41 PM

The "smokiest" gun would be employees uploading videos. I have never heard anyone come forward with that, though it must be the case for some other company tube sites.

Brad

SomeCreep 02-09-2016 06:50 PM

So tubes are stealing content? Uhm, this is news? Niqqa please.

Biggy 02-09-2016 08:43 PM

Quote:

Originally Posted by ilnjscb (Post 20725517)
You can see this sort of silliness all the time in court, with defendants failing to produce bank records and then claiming they have no access to them, or lost them. You or I would say, "can't you log on and ..." but the judge can't say that, and people are rarely penalized. By simply stating blankly that they can't do something, they create a burden that can't be passed without concrete evidence, even in a civil case.

^^- I don't want people to get the wrong idea. This guy doesn't know what he's talking about. You go get sued and try pulling that shit against a capable lawyer and watch what happens. The federal judges I have received decisions from, don't appear to be born yesterday.

News flash. People get sued when they knowingly are doing hurtful or illegal acts. It really does take a lot for someone to want to sue you, think about it. And when those people committing the acts get sued, they think they can pull some sort of bullshit like you wrote above. They think they can get squirelly, and play stupid, and somehow its all going to work out in the end. Most times, it blows up in their face, especially when they act transparently stupid. Federal law suits are not a cake walk, especially when the facts are against you.

ilnjscb 02-12-2016 08:39 AM

Quote:

Originally Posted by Biggy (Post 20725716)
^^- I don't want people to get the wrong idea. This guy doesn't know what he's talking about. You go get sued and try pulling that shit against a capable lawyer and watch what happens. The federal judges I have received decisions from, don't appear to be born yesterday.

News flash. People get sued when they knowingly are doing hurtful or illegal acts. It really does take a lot for someone to want to sue you, think about it. And when those people committing the acts get sued, they think they can pull some sort of bullshit like you wrote above. They think they can get squirelly, and play stupid, and somehow its all going to work out in the end. Most times, it blows up in their face, especially when they act transparently stupid. Federal law suits are not a cake walk, especially when the facts are against you.

That is absolutely incorrect. In fact, frivolous lawsuits are the bane of the court system, and have been subject to new laws because they are a national problem. I don't know what your personal experience has been, but mine has been what I wrote. If you'd like we can dig up stats on prosecution or contempt resulting from behavior in a federal court, but I already know the facts.

Frivolous suits are lodged all the time, and litigants frequently fail to meet required filing and response dates with no penalty whatsoever. Federal courts are over worked (by their own admission) and seldom pursue penalties.

The Porn Nerd 02-12-2016 10:09 AM

Quote:

Originally Posted by Biggy (Post 20725716)
^^- I don't want people to get the wrong idea. This guy doesn't know what he's talking about. You go get sued and try pulling that shit against a capable lawyer and watch what happens. The federal judges I have received decisions from, don't appear to be born yesterday.

News flash. People get sued when they knowingly are doing hurtful or illegal acts. It really does take a lot for someone to want to sue you, think about it. And when those people committing the acts get sued, they think they can pull some sort of bullshit like you wrote above. They think they can get squirelly, and play stupid, and somehow its all going to work out in the end. Most times, it blows up in their face, especially when they act transparently stupid. Federal law suits are not a cake walk, especially when the facts are against you.

Unless YOU have smart, high priced Attorneys. LOL The most-often used "defense" is stupidity. "Wha??? I dindu nuthin! I dinnit KNOW nuthin'!"

Think Enron and Ken Lay, or any number of powerful brilliant CEOs who, when caught, turn into complete idiots. If they have the $ they will walk.

Barry-xlovecam 02-12-2016 04:10 PM

Quote:

Kenneth L. Lay, who as founder of the Enron Corporation rose to peaks of influence in business and politics, only to fall into disgrace amid scandal, died early yesterday morning in Aspen, Colo., while awaiting a judge's sentencing this fall that could have sent him to prison for decades.
http://www.nytimes.com/2006/07/06/bu...html?ref=enron
He got off by dying ...

The Porn Nerd 02-12-2016 04:52 PM

Quote:

Originally Posted by Barry-xlovecam (Post 20728117)

Wehateporn and I could have an interesting discussion on that one. :D

mikesouth 02-12-2016 06:12 PM

Quote:

Originally Posted by Brad Mitchell (Post 20725642)
The "smokiest" gun would be employees uploading videos. I have never heard anyone come forward with that, though it must be the case for some other company tube sites.

Brad

its been brought up many times but the consensus is that they are paying "upload monkeys" to do it as Independent Contractors, I believe many were in the Philippines and I have in fact had people claiming that MindGeek paid the to do exactly that over the years, the problem is no way to verify it, no checks, nothing with manwins name on it was ever produced, do I believe that it was true, yes, but contrary to popular belief I need a bit more than that

I do believe that this guys info was worth millions, literally, to Hush.

dgraves 02-12-2016 06:49 PM

Oddly enough when a DMCA is complied with and the content is removed, nothing happens to the so-called "User" who uploaded the video.

Is a thief allowed back into the store after they get caught shop lifting?

Mutt 02-12-2016 10:59 PM

Quote:

Originally Posted by dgraves (Post 20728204)
Oddly enough when a DMCA is complied with and the content is removed, nothing happens to the so-called "User" who uploaded the video.

Is a thief allowed back into the store after they get caught shop lifting?

That's entirely up to the store owner unless a judge as part of a sentence puts a restriction on where the thief may go.

Mutt 02-12-2016 11:08 PM

Quote:

Originally Posted by mikesouth (Post 20728184)
its been brought up many times but the consensus is that they are paying "upload monkeys" to do it as Independent Contractors, I believe many were in the Philippines and I have in fact had people claiming that MindGeek paid the to do exactly that over the years, the problem is no way to verify it, no checks, nothing with manwins name on it was ever produced, do I believe that it was true, yes, but contrary to popular belief I need a bit more than that

I do believe that this guys info was worth millions, literally, to Hush.

Early on in tube history there was a screencap of one of the principals from the Brazzers group on a content pirate forum asking a user to either upload to their tubes or to contact him about it. It looked like good evidence to me at the time.

I'll never understand how Viacom's lawsuit against YouTube went nowhere, the court saw many emails between the founders of YT discussing uploading copyright infringing material, admitting it was wrong but it was important to their success that they take that risk because the infringing stuff was what was bringing in the traffic.

Compared to the rest of the world's copyright laws the DMCA is a bulwark against piracy - Canada's copyright law is an absolute joke as are those of European countries.

xxxjay 02-14-2016 05:58 PM

Quote:

Originally Posted by mikesouth (Post 20722361)
The guys at Hush just got handed a HUGE present. whether the reader comes forward or not this time they named names....The reader has expressed to me that he will help Hush (and anyone else) if done through me.

The full story on MikeSouth.Com

I'll bet they are preparing subpoenas as I write this


MindGeek Employee Speaks ?? Reader Mail
By MikeSouth
February 5th, 2016

I have written extensively about this but this time I think the email speaks for itself, None of what you will read here is new, but this is the first time that a Manwin/MindGeek Employee has come forward on the record?read on?.This info will be very valuable for HushHush.

I have worked for Mindgeek for many years.

I knew the company had been breaking DMCA laws since my first day on the job as a ??redacted job title?. My role quickly evolved into screening videos like the rest of the Department did and still does.
Every single video posted on any Mindgeek tubesite is screened by a person from start to finish and the employee who doesn??t actually view the whole thing can get in trouble! So? trust me when I say they are 100% aware of every-single-video that goes up on their site? I used to work on another website that was a DMCA takedowns magnet, so I feel like I know a thing or two about the DMCA and how a website can claim safe harbor. Not only that, but they also have a compliance department whose job is to screen all the tubesites in hopes that they find little slip-ups (by Slip-ups I mean.. human error is still a factor here, a ??gatekeeper? might let a bad video through once in a while) before anyone else in order to avoid fines.

I know that Mindgeek wants people to believe they are protected under Safe Harbor but they have a whole department of around 30 employees that pretty much directly denies them of safe harbor AND a separate compliance department to make sure they don??t mess up. The reason for this is that they make a LOT of money through VISA but Visa has very strict rules on the kind of content they will allow to be associated with! They don??t mind copyright infringing material BUT they do mind other common illegal content such as child porn etc .. I don??t think I need to tell you what I mean by ??common illegal content?.

Why not just make money off of ads and let any type of content through and let the community flag the bad stuff and actually be stress free since all you have to do is comply with DMCA and take videos down as the requests come and that??s it? Well, as it turns out, Pornhub makes over 175,000$ a month off of their deal with Visa but can get fined up to 200,000$ for every non-compliant video by Visa, which has happened in the past. And that is how ??Gatekeepers? or something like that started being a thing?Mindgeek can be creative with how they hide the fact that people screen the videos but make no mistake, there is a full department of people whose full time jobs are to review AND queue the videos for release onto the front page.

But you know what other source of money is quite important? Well.. their videos?obviously haha.

I have been personally instructed, along with most employees of the tubes department, to let copyright infringing material hit front page on the site because ??By the time it gets taken down, we??ve made the money? With the millions of views they get on videos every day, every video counts right? It could be the difference between making an extra few thousand dollars in a day, you know? Gotta keep the money coming in! Somebody has to come up with the money so Feras and his friends can keep buying those Porsches and Ferraris hahaha.

At the end of the day, they need to keep the copyright infringing content??s generated revenue until takedown + the Visa money because actually following the law and only living off of millions made from infringing content??s generated revenue until taken is not enough �� , Oh and I don??t think I need to specify that this applies to all their websites.. so? Millions multiplied by Youporn/Redtube?I??d mention all the other sites of the network but we all know those other tubesites they own don??t generate anywhere near as much as those big 3 do.

I don??t know how helpful my email might be but since I read on your blog that Mindgeek is currently being sued by HushHush? I assume that Mindgeek is claiming that they are in compliance with the DMCA and saying that they aren??t aware of the illegal material on their site and do their best to take it all down upon requested haha?What a joke

Here??s the question HushHush should be asking: Feras, you mean to tell me that you have two separate departments with two completely different sets of people who are smart enough to catch most of the (I??d say 99.99% but who is gonna pull out that stat anyway?) illegal sex content such as Snuff and Children but not smart enough to recognize copyrighted content? That??s odd. You don??t recognize content your own company makes with actors your own company employs?

Thta's awesome. I've assumed that for years. It's good someone finally came forward

brassmonkey 02-14-2016 06:13 PM

Quote:

Originally Posted by Brad Mitchell (Post 20725642)
The "smokiest" gun would be employees uploading videos. I have never heard anyone come forward with that, though it must be the case for some other company tube sites.

Brad

duh you don't use employees. if you do they upload remote :2 cents::2 cents:

plaster 02-14-2016 06:20 PM

Quote:

Originally Posted by ilnjscb (Post 20725517)
You can see this sort of silliness all the time in court, with defendants failing to produce bank records and then claiming they have no access to them, or lost them. You or I would say, "can't you log on and ..." but the judge can't say that, and people are rarely penalized. By simply stating blankly that they can't do something, they create a burden that can't be passed without concrete evidence, even in a civil case.

Quote:

Originally Posted by Biggy (Post 20725716)
You go get sued and try pulling that shit against a capable lawyer and watch what happens. The federal judges I have received decisions from, don't appear to be born yesterday.

Quote:

Originally Posted by ilnjscb (Post 20727778)
That is absolutely incorrect. In fact, frivolous lawsuits are the bane of the court system, and have been subject to new laws because they are a national problem. I don't know what your personal experience has been, but mine has been what I wrote. If you'd like we can dig up stats on prosecution or contempt resulting from behavior in a federal court, but I already know the facts.

Frivolous suits are lodged all the time, and litigants frequently fail to meet required filing and response dates with no penalty whatsoever. Federal courts are over worked (by their own admission) and seldom pursue penalties.

^^Immediate quote above is switch hitting. You were talking about defendants playing the stupid card and getting away with it and your last quote was talking about the plaintiff filing frivolous law suit. Why did you do that?

SpicyM 02-14-2016 07:08 PM

Quote:

Originally Posted by dgraves (Post 20728204)
Oddly enough when a DMCA is complied with and the content is removed, nothing happens to the so-called "User" who uploaded the video.

Is a thief allowed back into the store after they get caught shop lifting?

IP address is not a person..


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