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Oh, since you are the expert Fartly, could you please post a "standart for resale website content license Please so that JOe will know what one looks like next time.
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conversation during which you agreed to a $40 cap? http://www.pleasurelabs.com/pics/sobegirl4.jpg Logo courtesy of Serge Oprano. |
Looks like Sobe is trying to see what loop holes he can play on...
But in the end only making yourself look bad... ect can mean alot of things? Riiiiight... Like posted above...When you buy content under a company name...It does not automatically mean your gonna use it for one piticular reason...I buy everything under my company name Cyberweb Extreme...But I may use it on any of my sites...Not just www.cyberwebextreme.com Sobe....You assumed way too much and now its time to admit your mistakes! Jon |
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How many domains I can use it on... How many pics I can use for design... Whether I can post to newsgroups or not... etc etc etc... It is all spelled out... I would assume that in a resale situation, for your own protection, you would spell it out... If you didnt get a license spelling it out then that is poor business... If Joe knew you were using it for resale and did not spell it out, that is equally poor business.... I would post a license or 2 for you, but not without the providers consent... I saw unseenworld around here somewhere... His contract is pretty standard... Ok if I post a copy of your license man ?? |
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Congrats! Shows over guys.... Jon |
i think sobegirl wont the argument with the "etc" remark, its true, it can mean anything.
so im on sobe's side now. |
Eric... this is the license writeup that you list on *************
Website License Allows you to use the content on a maximum of 5 website domains that you own. Subdomains are included in this 5 domain license. Video clips come in MPG1 format only. MPG1 clips are 1 to 2 minutes in length. It is a website license allowing you to use the content on the Web only. You are not allowed to trade, sell or watermark video clips with this license. The retail prices found on SoBeGirl reflect the cost of the Website License. Watermarking video can be done by SoBeGirl only. If you want the Website license and want watermarking contact us for price and lead times. Webmaster Program License Webmaster Program license. This is needed where webmasters drive traffic to your site and get paid out for each new member they get you. This license allows you to use the content in a Webmaster Program. Video clips come in MPG1 format. Each content set includes the "Promo Clips". These are short 20-45 sec MPG1 files that are less than 500kb each. These files are perfect for website tours or giving out to your webmaster whom drive traffic to your program. They make great promotion tools to gain webmaster participation. You are allowed to watermark the promo clips. This is a Web use only license. ASF files are also available with this license. The Webmaster Program License is 2X the retail price of the Website License. Broadcast License Broadcast License You get high quality MPG2 format files. High-quality source files running at over 4000kb/sec for when you want to compress video using your own codecs. You are allowed to use content on the Web and over satellite or TV. You are allowed to watermark video with more than one URL. Contact us if interested in getting SoBeGirl ****************************************** You notice that in the license that you sell to your customers you explicity state in your website writeup: "You are not allowed to trade, sell or watermark video clips with this license." Meaning of course, no resale.... I notice that you do not explicity state that in your program writeup, there you state: "This is a Web use only license." I assume that on the actual docs you spell out what that means... |
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"USE" and "SALES" are two totally different things.... If you come by my house and ask "Can I use your car" and I say yes, then does that give you the right to go sell it ??? un uh.... |
Moral of the story?
Never buy from an insecure dork who spams...it'll just turn into a mess later on for everyone involved. |
How many times have people seen low priced content or free content.
Get people to respond to that?.to show that it is my biz model? Yes F and I , SoBeGirl has never sold my content to a reseller just for this reason. I have it in my license so that it is clear that when you buy my content it is not to be resold. Joe on the other hand sold SoBeGirl his content to be resold. That is all SoBeGirl does. And one point very legal in nature too is this; Joe, says that I had the right to sell but not under 40 dollars. I say that is bullshit and Joe sold me the content with resale rights and no restrictions attached. And it is a fact that SoBeGirl has been known as the place to buy affordable content for newbies and experienced webmasters alike for years. I have been advertising 5 dollars sets, free sets and bulk deals since I started in this biz. I always saw it as the way to go and still do. Joe knew this. Everybody knows this. This fact is that SoBeGirl sells content at a very affordable price is one of the first things a Judge would ask. What would be a expected price for the sale. All you have to do is look at my promotions and you will see I have been offering great deals on content for years. |
AMAs license from www.amacontent.com
COPYRIGHT and SECTION 18 U.S.C. 2257 INFORMATION All content on AMAContent.com including page design, graphics, text, images, videos, video feeds, audio clips and stories are warranted to be fully owned, or legally licensed for resale, and documented in accordance with the requirements of US Federal Law SECTION 18 U.S.C. 2257 . All images of a sexual nature are documented as required by US Federal law under the Child Protections Act: Section 18 U.S.C. 2257. Documentation is available to the proper governmental or law enforcement agencies (or challenging individuals able to supply documentation as required under the Digital Millenium Copyright Act). AMA Content strictly abides by 18 U.S.C 2257 so our content is 100% legal. Before we create any new content, we ensure that we hold model releases and two forms of identification for every model. License to comply when you buy content 1- GRANT OF LICENSE, GENERAL TERMS: Licensor owns and distributes the purchased products. In accordance with this agreement, Licensor grants Licensee a non-exclusive website license to use the product(s) on their website(s). Licensor retains titles and ownership of the Product, and gives up no legal rights as part of this agreement. Licensee agrees not to sell or distribute the images via any physical method (such as diskette, CD-ROM, paper printing, or any other technology not specifically named in this document) without additional written permission and payment of fees. Licensee acknowledges that unauthorized reproduction of copies of the licensed material may constitute a serious crime, and that such actions may also result in a suit for damages, injunctive relief, and attorney fees, pursuant to this agreement and to other rights that the licensor may have. It is understood, not withstanding any other provisions of this agreement, licensor has the unequivocal right to obtain timely injunctive relief to protect the proprietary rights of Licensor. Licensee must provide a complete list of domains in which material is to be used. 2- ACCEPTABLE USES OF LICENSED CONTENT: Banners and Webpage Design: Banners with licensed material on them must be linked to a site owned by the licensee, and material used in webpage design elements must be located on a website owned by the licensee. Thumbnail Posts: Up to thirty (30) images may be used at one time in a thumbnail post URL, so long as the material remains hosted at the licensee's site. If the material is to be hosted at the Thumbnail post's URL, then up to fifteen (15) images may be used, providing that all images are clearly identified as being from the Licensee owned site, and a link to that site is provided. Movie Posts: Up to twelve (12) videos and a maximum of 100 secondes may be used at one time in a movie post URL, so long as the material remains hosted at the licensee's site. If the material is to be hosted at the post URL, then up to three (3) videos and a maximum of 30 secondes may be used, providing that all images are clearly identified as being from the Licensee owned site, and a link to that site is provided. All of the material contained on the Product may be used as "web content" on up to twenty (20) domains owned by the Licensee. Licensee may distribute the product only via internet website(s) which are intended for end user usage only. Product may not be placed on a website with the intent to resell the content's use to other webmasters. Product may not be used on any type of leased product made available to other webmasters. All elements not used for banner usage or webpage design are to be placed behind some form of membership only access system, such as an Adult Verification Service, or a paysite membership system. 3- UNACCEPTABLE USES OF CONTENT: Licensee may not alter the images to make them appear to be the copyrighted property of anyone other than Licensor. Licensee may not post the product to any "Newsgroup" servers. Licensee is NOT licensed to rent, lease, transfer, network, reprise display, or distribute the materials, except as specifically provided above. You may not knowingly allow other websites to use the product, either by renting it's usage on your site, or by allowing them to link to your website. Exception: Thumbnail & Movie postings, as provided above. 4- CONTENT EDITING PROVISIONS: Small URL's may be added to the images for the purposes of promotion. Editing of the images to make them suitable for sample images is encouraged, such as pixelating areas of the photo unsuitable for children to view, when the photos may be in an area where children can see them. Creation of Thumbnail images to use on a licensee's site is allowed. "Cropping" of the material is allowed. Changing the file format and compression technique used is allowed. Adjusting/Altering color, gamma, attributes is allowed. You may rename files. Editing the files to make them more suitable for your usage is allowed, however, changing the content of the material (such as morphing or editing another person or object into the photo, or changing the appearance of one that is there), is NOT allowed. Image Watermarks or Imbedded code (such as JPG comments) may not be removed by the Licensee. 5- Payment of Royalty. Licensee will pay a one-time lifetime fee specified on the purchase invoice. This license allows Licensee to use the Product on up to twenty (20) domains owned and operated by Licensee. All websites that this material is used on must show the Licensee's name on it within the publically accessable InterNIC (or other registration agency) records. 6- Revocation of License. Licensor may revoke Licensee's license in the event that Licensee violates one or more of the provisions of this license. The License is automatically revoked if the Licensee declares bankruptcy, obtains a refund of the product payment, or causes the product payment to become invalid through any action, such as fraudulent use or credit card chargeback. Involuntary revocation of the license does not grant Licensee any refund of the payment made. 7- Modifications. Any modifications not specifically listed in this document are not granted without express written permission of Licensor. 8- Transfer of Rights. This agreement shall be binding on any successors of the parties. Licensee does not have the right to assign it's interests in this agreement to any other party, unless the prior written consent of Licensor is obtained and an administration fee of $50.00 is paid. 9- Entire Agreement. This agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties. 10- Severability. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but thatby limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 11- Waiver of Contractual Right. The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement. 12- Applicable Law. This agreement shall be governed by the laws of the United States of America. Licensee holds Licensor and Broker harmless for any legal issues related to the distribution of the material as it relates to community standards and adult entertainment laws as set forth in any city/county, state or country of Licensee and their websites. Licensor does not warrant this material to be acceptable in your community, and Licensee assumes full responsibility for determining what images are suitable for distribution. Licensor warrants the images are fully copyrighted, and this license warrants these images free of intellectual property violations only. These images are in compliance with the 18 USC 2257 US Federal Law, and any inquiries made under this law must be directed to Licensor. ************************************************ First of all Joe states: warranted to be fully owned, or legally licensed for resale, So, Joe establishes that to sell this content it is either his or licensed for resale... In the website usage he states: "In accordance with this agreement, Licensor grants Licensee a non-exclusive website license to use the product(s) on their website(s). " "Licensee agrees not to sell or distribute the images via any physical method (such as diskette, CD-ROM, paper printing, or any other technology not specifically named in this document) without additional written permission and payment of fees. " Thereby establishing that a purchaser of his content does NOT have resale rights unless explicitly stated in writing and that there is a definite distinction between USAGE and RESALE. he then goes on to state explicitly what the usage rights are... Eric.. you need one of them from Joe saying you have RESALE rights... Where is it ? |
SoBe how's that acceptance speech coming along?
Only one hour until polling closes and you're still ahead :thumbsup See sig: |
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i'm sitting on 8 or 9 of your scenes, and have 15 others out on the web. WTF? we need solid answers, not some bullshit spin on a message board. again, WTF? |
Ya know Erik you scumbag, you know dam well you agreed to a cap of $40. My mistake is I didnt get it in writing so I guess im fucked.
And I did try and settle this Dean Capture. Sobe said to me I need a copy of a tape i bought from you. I will pay the money you want if you Fed Ex it to me. He went as far as making an out of court settlement so to speak: http://www.amacontent.com/pics/sobe.jpg Its a shit little contract, but it was an agreement . So i copied tape and fed exed it to him next day . After he recieved the tape, he ICQ me and said he decided not to live up to his agreement. GEE what a surprise. BTW Erik, do you have permission to use music in your videos. Thats music copyright violation right there. Hmm ripping off the music companies too. Seems like guy tryin to get his money back from you because he cant use the videos with music in it and you dont respond. You are a little prick arent you . |
Farley,
I have all I need from Joe and I posted them here. You have been going out of your way to trash me. You follow me from board to board. You threaten me. You constantly bother me like a pesky mosquito. Do you have nothing better to do? It is obvious that MR. Joe sold content to SoBeGirl, SoBeGirl sells content and that is why SoBeGirl bought the content from Joe so that it could be resold. SoBeGirl sells content inexpensively and everyone knows that. You keep saying where is the contract where is the contract, Ask Joe where is the contract proving I don?t have rights to sell. I say I have proof. You say I don't Do you have anything else constructive to say or are you going to continue to drool and babble like you always do ? |
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:1orglaugh :1orglaugh :1orglaugh |
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Joe has his license available on the site prior to purchase... Joes license also states that the purchaser does not have resale rights unless explicity put into writing... His license also states very clearly: "Licensee is NOT licensed to rent, lease, transfer, network, reprise display, or distribute the materials, except as specifically provided above." and: "9- Entire Agreement. This agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties. " and: "11- Waiver of Contractual Right. The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement. " That is what the judge will see..... and of course you standing there sputtering about saying...but but but but but... and you will be fucked... Erik... settle up with Joe... You will lose in court imho... I rest my case and am out of here for the night.... peace btw... Eric, congrats in advance on winning the esteemed first annual SOBE award... Couldn't happen to a nicer guy :thumbsup |
What's this about the copyrighted music in the videos? I am actually interested in purchasing the Sobe line at these prices, but need clarification on this issue.
Does Sobe content contain music copyrighted by artists that have not licensed that right to Sobe? Or is it royalty free music? |
See ya in court SOBE. I hope you have permission to use that music in your videos or that will cost ya too.
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Bumps would be appreciated :glugglug See sig: |
You're stuck.
If you say there was no verbal agreement to sell at a minimum of $40/set, you have zero proof you can even resell that stuff at all. If you admit to the only proof that you have the right to resell, you have to admit you broke the floor price agreement and damaged Joe's business as a result of it. Nice job. |
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I will ignore the insults and get right to the point.... LOLOLOLOLOLOLOLOLOLOLOLOLOLOLOL..... you should just be glad that Joe is a nice guy, because if it was me, I would take your little pissant ass to the cleaners..... You want a contract to prove you can't sell ??? You haven't read many copyright laws have you ?? The artist (in this case the producer/photographer) retains all and any rights to his original creations unless explicitly spelled out... always... |
Sobe...When you buy content to resell...You don't decide what is bullshit and what isn't...You say he told you there was a cap on the price...You thought it was bullshit and sold it as you wanted anyways...
People who bought the content and worried about taking it down? Ama I believe said in another post that he is not yanking your licenses because you didn't know...But I think he wants to get in touch with everyone to give you a legal license... If I read it right...Correct me if I am wrong ama Jon |
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And anyways..Like you said besides any point of any agreements...Sobe has admited he does not have any reseller agreement with ama... Remember...Anythiing you say in here can be used agaisnt you in court...Your admitted you had no license for resell... Jon |
I have proof to resell at any price I want.
There is no copy write music in my video. Joe is just starting shit to get me some headaches and hurt a competitor. If ever you find copy write music in any video, like a radio gets picked up in the background or a TV is on, just let me know and I will let you change out the set. Joe is the one with music in his videos. I have rejected several of his vids for this reason alone. And FatPad and Farley = I respect your opinions but they are wrong. Joe, I am always willing to work this out with you. Extortion, lying and slander will not make me cooperate. |
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what`s to learn from this thread kids? ALWAYS have a bullet proof contract on ALL your transactions :)
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Any judge is going to look at the fact that Sobe has been selling this content for some time with Joe's clear knowledge, and that there was no dispute until the price was slammed into the ground. He will not need any documentation to prove he has a license to resell.
But if there is copyrighted music in those videos, he (and much worse, the webmasters who have purchased the content) stand to get a good fucking.... Sobe, was is the real deal? I want to buy but wouldn't touch anything with copyrighted music in it with a ten foot pole. |
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No need to worry :Graucho |
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Eric...sobitemyassholeandsuckalongtimeboy..... You are the one that took this to the boards.. On Oprano.... Mike baited you and you came in and gave your long ass song and dance... I nailed you there for it and that is why I came over here today, to nail you again... Joe wasn't gonna say a fucking thing... He in fact stated that he wasn't going to bash in public..... Once we directed him to what you were saying on another board, he finally, after much prompting told his side.... So any crap that comes from this was your own doing.... Joe seems like a damn nice guy that just wants a fucking even break... You seem like a little brat of a kid that deserves to have whatever business you have yanked right out from under you.... Of the two of you, if I was to do business, it would be Joe over your ass any fucking day of the week.... |
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if let`s say SONY has a contract stating that everyone who buy their CD`s are not to be copied... but Joe Blow goes there and buys, on a personnal deal, 1 of each ... BUT all that Joe Blow does in his company is copy CDS.... Do you think the Judge will say : "Oh, well, Sony should have known JOE Blow copies Cd`s because this is all they do." NO... it doesn`t work this way... they go for whatever contract is in WRITTEN, which supersedes any prior or further ORAL contract... as its a tangible proof, and not a I said this, you said that... it`s always easier to keep your head high and settle your issues like business man and come to an agreement... going to court will cost you both, instead of making you both money. |
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edit: Damn, am in Montreal, don`t have my address book... I sent the mail to your member`s site address, not the other one... will send it tomorrow when the guys get in the office if you don`t get it... |
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so ya'll agreed to give handjobs then?
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But you know what, I don't have a law degree, or I don't have any experience with such contracts... I can only speak from my personal experience and what I had to deal with in the past... So I'll leave it at that and let those who have the knowledge discuss about it... and you quite possibly know more than I do... Once in a while ya gotta admit you can`t know it all heh. Phil |
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So ... Joe and Sobe were going to work it out like business men that they are until prompted to bash it out on the boards by you? I think a simple phone call would settle all this because both Joe and Sobe are great people and run good businesses and don;t need all this on the boards. thats my :2 cents: |
Hey Mag.....go get 'em tiger....lol
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I dont know about you, but I know it all |
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I always give her some :2 cents: and it`s definately :thumbsup :thumbsup LOL |
and we always provide an invoice
:thumbsup |
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