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Old 03-07-2005, 06:22 AM   #1
pheal
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Fred Durst is suing me over stolen sextape

My hosting company has been named along with my website in the lawsuit Fred Durst is filing regarding the sex tape that surfaced on the internet.

I didn't even host his stupid video, only linked to it. His lawyers doesn't seem to know how the internet works.

Here's the article I posted about it

Bring your small dick, I'll see you in court asshole.
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Old 03-07-2005, 06:25 AM   #2
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Fred Durst is a fucking moron!!!!!
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Old 03-07-2005, 06:26 AM   #3
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Geeze, I'm surprized there isn't a suit against GFY, it was linked here to several mirrors.
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Old 03-07-2005, 06:29 AM   #4
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I think there was another post on this happening last week?
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Old 03-07-2005, 06:29 AM   #5
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Well, I guess it's easier for his small dick to sue small websites.
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Old 03-07-2005, 06:31 AM   #6
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where is the link?
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Old 03-07-2005, 06:33 AM   #7
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Quote:
Originally Posted by pheal
Well, I guess it's easier for his small dick to sue small websites.
thats gotta be it
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Old 03-07-2005, 06:33 AM   #8
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thats sucks bro
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Old 03-07-2005, 06:33 AM   #9
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he did it all for the nookie
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Old 03-07-2005, 06:35 AM   #10
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his video would be a perfect advertisement for thoe penis enlargement stretcher things...
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Old 03-07-2005, 06:35 AM   #11
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http://owntracker.com/phacked/index.php
>>
Cameron_Diaz_-_XXX_Video_-_S&M_CLIP 1.94 MB 1161
Fred_Durst_-_Hacked_XXX_Video 6.07 MB 39018

heh, popular tape.
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Old 03-07-2005, 06:36 AM   #12
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i would do the same in his position
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Old 03-07-2005, 06:46 AM   #13
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hahaha that sucks... should be easy to get cleared on though, linking to illegal content isn't illegal (yet)
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Old 03-07-2005, 06:49 AM   #14
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hahaha that sucks... should be easy to get cleared on though, linking to illegal content isn't illegal (yet)
who told you that? dont count a lot on this.
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Old 03-07-2005, 06:56 AM   #15
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Originally Posted by Soul_Rebel
i would do the same in his position
There's a big difference between hosting the video and simply telling other people where it is
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Old 03-07-2005, 06:59 AM   #16
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Originally Posted by pradaboy
hahaha that sucks... should be easy to get cleared on though, linking to illegal content isn't illegal (yet)
Who said this content is illegal? Tell you what... if you don't think linking to illegal content is illegal how about starting up a kiddie porn toplist (text only) and tell us what the judge says when you tell him linking to illegal content isn't illegal.
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Old 03-07-2005, 07:02 AM   #17
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Pointing your finger at a crime scene doesn't mean you're the author of the crime.
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Old 03-07-2005, 07:13 AM   #18
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damn, screw those stolen tapes.
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Old 03-07-2005, 07:20 AM   #19
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Originally Posted by Soul_Rebel
who told you that? dont count a lot on this.
at least here in Holland it isn't, our court has been clear on this.
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Old 03-07-2005, 07:21 AM   #20
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Originally Posted by mardigras
Who said this content is illegal? Tell you what... if you don't think linking to illegal content is illegal how about starting up a kiddie porn toplist (text only) and tell us what the judge says when you tell him linking to illegal content isn't illegal.
hahaha got me there, maybe I should use the term copyrighted instead of illegal?
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Old 03-07-2005, 07:25 AM   #21
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Originally Posted by mardigras
There's a big difference between hosting the video and simply telling other people where it is
no doubt, i didnt say the opposite

mpa sued last year several bittorent sites that was just linking to actual sources and without hosting anything. Linking can stand in court as providing access. Also, pointing the finger to a crime is different then profiting from it.
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Old 03-07-2005, 07:35 AM   #22
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Originally Posted by pheal
Pointing your finger at a crime scene doesn't mean you're the author of the crime.
Good luck, you'll need it
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Old 03-07-2005, 07:40 AM   #23
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Quote:
Originally Posted by pheal
Pointing your finger at a crime scene doesn't mean you're the author of the crime.
Man I feel sorry for you, but you are wrong. With the whole mp3 shit, linking to stolen content is illegal for the site owner. Perhaps you can get off by claiming you didn't know it was illegal at the time, I don't know - I hope so for your sake. Goodluck with it!
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Old 03-07-2005, 07:44 AM   #24
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Quote:
Originally Posted by pheal
My hosting company has been named along with my website in the lawsuit Fred Durst is filing regarding the sex tape that surfaced on the internet.

I didn't even host his stupid video, only linked to it. His lawyers doesn't seem to know how the internet works.

Here's the article I posted about it

Bring your small dick, I'll see you in court asshole.

Great blog, you got there. I love the Homer entry.
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Old 03-07-2005, 07:46 AM   #25
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lol.....
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Old 03-07-2005, 07:47 AM   #26
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keep in mind, you aren't linking to anything ILLEGAL. This is a CIVIL matter.
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Old 03-07-2005, 07:53 AM   #27
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have fun
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Old 03-07-2005, 07:54 AM   #28
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That suck big time man ! I hope it will be okay for you !
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Old 03-07-2005, 08:09 AM   #29
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thats sucks i guess he's loooking to get that 80 mil collectively from all the sites he's going to be suing i though he was waiting for the secret service to find the deutsche who hacked his shite
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Old 03-07-2005, 08:09 AM   #30
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Good luck.. this will probably get tossed out on your end. Anyone hosting the tape might be in for a bit of a ride depending on how far he wants to take things.
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Old 03-07-2005, 08:12 AM   #31
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Goog luck to you..
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Old 03-07-2005, 08:12 AM   #32
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Quote:
Great blog, you got there. I love the Homer entry.
Thx! I recently changed the old site name and domain (captaincum) to a new, more mainstream name (popdoh). I used to post as The Captain.

It's funny because a lot of readers want to see the captain back, they say the site has gone bad since Homer posts. But it's still me and I'm still posting the same kind of stuff I always posted. I hope they'll accept Homer someday.

As for the lawsuit, I'm pretty confident he can't win. As someone mentioned in a previous post, I didn't link to something illegal.

I'm not the one who hacked his computer, and I made some discoveries that tend to prove that he is in part responsible in the leak of the video.
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Old 03-07-2005, 08:17 AM   #33
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Linking can stand in court as providing access.
For Real???

Link???
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Old 03-07-2005, 08:35 AM   #34
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fred if you read this.....see sig please! you are one person who needs this
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Old 03-07-2005, 09:05 AM   #35
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The question as to how much shit you are in is answered by whether or not you made money off the tape and/or posted images or clips from the tape. If you did you used someone elses stolen, copyrighted material to make money for yourself. If you did not a link alone should not be a problem as without links the web would die. As mentioned above linking to something illegal may get you in trouble but as I see it you have not broken the law nor will you be liable for damages. Those that posted thumbs, any other image, videos and those that sold copies of the video might as well move to another country and take what money they have in hand with them because they will more than likely lose it.
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Old 03-07-2005, 09:08 AM   #36
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Old 03-07-2005, 09:19 AM   #37
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The question as to how much shit you are in is answered by whether or not you made money off the tape and/or posted images or clips from the tape. If you did you used someone elses stolen, copyrighted material to make money for yourself. If you did not a link alone should not be a problem as without links the web would die. As mentioned above linking to something illegal may get you in trouble but as I see it you have not broken the law nor will you be liable for damages. Those that posted thumbs, any other image, videos and those that sold copies of the video might as well move to another country and take what money they have in hand with them because they will more than likely lose it.
I didn't make one penny off the tape. Who would want to pay for this anyway?

As for using a thumbnail from the tape, I posted a thumbnail accompanying my article but I don't think it constitutes an infringement.

Taken from Wonkette, a site similar to mine:

Wonkette is a gossip site, which publishes both rumors and conjecture, in addition to accurately reported information. Information on this site may contain errors or inaccuracies; the site's proprietors do not make warranty as to the correctness or reliability of the site's content. Links to content on and quotation of material from other sites are not our responsibility.

The site is in compliance with the Digital Millennium Copyright Act. For more information on the legality of thumbnail usage of photographs, you can download the 9th Circuit Court's ruling here
(pdf file)
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Old 03-07-2005, 09:35 AM   #38
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isn't this a civil matter? why do people keep referring to it as illegal??? He's in compliance with the DMCA. He's not hosting or providing access to anything illegal or anything protected by any copyrights. It's a Fred Durst sex tape that was leaked, and last time I checked, there was no law saying sex tapes were illegal.

Now, I'm not sure if he could get in trouble for not screening visitors to make sure they were 18+ or providing a proper warning on the material he was linking to, but then again, that would have nothing to do with his current situation.
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Old 03-07-2005, 10:14 AM   #39
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I am going to sue Fred for coming out with some really shitty music recently ;)

DH
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Old 03-07-2005, 11:03 AM   #40
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Originally Posted by pheal
My hosting company has been named along with my website in the lawsuit Fred Durst is filing regarding the sex tape that surfaced on the internet.

I didn't even host his stupid video, only linked to it. His lawyers doesn't seem to know how the internet works.

Here's the article I posted about it

Bring your small dick, I'll see you in court asshole.
i love this part of your story
"Fred, if you read this, let me tell you it won't change much. Now the entire world knows that you have a small penis. Hardcore wannabe."

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