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-   -   Perfect 10 fucks us hard (https://gfy.com/showthread.php?t=561808)

crockett 01-10-2006 09:37 AM

How the fuck can the guy claim copyright violations on content that's not his? I'd say this should result in a class action lawsuit against prefect 10 for loss of revenues because of fictitious claims.

Damn glad I'm not on those lists.. Is it just Hegre Archives and the Model Flats that have this content in question?

Kimmykim 01-10-2006 09:39 AM

Quote:

Originally Posted by Trax
and JB told me he kicked some serious ass and he norm was not only losing but slowing down the lawsuit thing
seems hes back at it again

He never really stopped, he just started working it from a new angle. The guys a genius at this point, he's managed to figure out how to bully a ton of people into submission, either in or out of court.

SilentKnight 01-10-2006 09:41 AM

Quote:

Originally Posted by spacedog
these fuckwads at perfect10 even claim copyright infringement on images they don't even own the rights to.

But how do you know what images they do and don't own the copyrights for?

Just curious.

twist 01-10-2006 10:00 AM

Answer from Modelflats from another thread:
"Sorry guys, but we're victims too.
We sold to the perfect10 about 300 photos of our content on non-exclusive rights. We have all docs on this.
Seems like perfect10 forgot that this is not their exclusive content and they can't use it when they started their fighting with Google.
What now: as against perfect10 we are estimating our partners and will do all we can to un-ban all sites that was banned wrong.

It's a really unpleasant situation because some people don't understand how business makes."

So that make perfect 10's claim a false one. Which leads to the following:

"If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material"

Still disturbing that google just followes him blindly.

kektex 01-10-2006 10:17 AM

Any sponsors apart from Hegre and Modelflats affected by this?

TheMaster 01-10-2006 10:20 AM

Does anyone have a contact at google?

I mean, I'm going to try to solve it through newnudecash and modelflats, but it would help if someone "big" can talk to google, I mean this is just insane

TheDoc 01-10-2006 10:21 AM

Doesn?t anyone think that Google is in the wrong? Even though you got stiffed in the deal too, Perfect10 asked them to remove everything, they said no.. So they got sued, and finally responded. Perfect10 shouldn?t have ever had to sue them, Google should have just removed the damn photos.

Google images is on it?s way to getting nailed by a lot more than just Perfect10.

Trax 01-10-2006 10:22 AM

go counterclaim
they are obviously wrong
make money out of this
you are losing money... let norm pay for this
its possible
you have good chances
very good ones!!

Kimmykim 01-10-2006 10:25 AM

Quote:

Originally Posted by TheDoc
Doesn?t anyone think that Google is in the wrong? Even though you got stiffed in the deal too, Perfect10 asked them to remove everything, they said no.. So they got sued, and finally responded. Perfect10 shouldn?t have ever had to sue them, Google should have just removed the damn photos.

Google images is on it?s way to getting nailed by a lot more than just Perfect10.

Nope, I don't agree with that at all. Zadeh's presumption in the courts that he does not have to hold the copyright to the images that he sues over has been shown to be wrong at least once in court. For someone like Google to remove photos, like the ones mentioned in the post above -- where they sold P10 the images on a non-exclusive basis, only to have them included in the suit, is completely ridiculous and without merit.

Zadeh's a fucking freak on a power trip and he has been for years. If it were up to him, no one would have anything slightly related to what he publishes, except for him, on the web.

TheDoc 01-10-2006 10:28 AM

Quote:

Originally Posted by Kimmykim
Nope, I don't agree with that at all. Zadeh's presumption in the courts that he does not have to hold the copyright to the images that he sues over has been shown to be wrong at least once in court. For someone like Google to remove photos, like the ones mentioned in the post above -- where they sold P10 the images on a non-exclusive basis, only to have them included in the suit, is completely ridiculous and without merit.

Zadeh's a fucking freak on a power trip and he has been for years. If it were up to him, no one would have anything slightly related to what he publishes, except for him, on the web.

My purchased photos, if I have the rights to them, then I can protect them. If I use them on my site and I don't want google to list them, that is my legal right. Non-exclusive or not.

I'm not saying the perfect10 guy isn't a moron, or what he did wasn't totally fucked..

But at the end of the day, this is Googles fault. If they would have just removed the damn perfect10 photos when he asked, nobody would be here bitching about what took place.

TheDoc 01-10-2006 10:31 AM

50ish...

CamRabbit 01-10-2006 10:34 AM

51 (too late)

Kimmykim 01-10-2006 10:34 AM

Quote:

Originally Posted by TheDoc
My purchased photos, if I have the rights to them, then I can protect them. If I use them on my site and I don't want google to list them, that is my legal right. Non-exclusive or not.

I'm not saying the perfect10 guy isn't a moron, or what he did wasn't totally fucked..

But at the end of the day, this is Googles fault. If they would have just removed the damn perfect10 photos when he asked, nobody would be here bitching about what took place.

Google is not in the wrong here, from a legal standpoint. I don't believe that any judge has instructed them to remove the photos or the pages. If that's the case, let's see the judgement and what it actually says.

I'm sure that Google didn't want to be bothered with Zadeh, and probably failed to realize that he wouldn't just go away, since he's a bitter little man with too much time and money on his hands.

If a few people on that list got together and filed a bit of a class action naming Zadeh and Google, I'd bet that Google would re-think their position...

To further clarify -- Zadeh does not care if he owns the right to the images or not. His claims in the past have gone so far as to state that he does not own the rights to the images, but that he is financially affected because other people post these images without incurring the financial cost that he does in order to post these images.

Does that strike you as right or legal? Zadeh is in the wrong here, not Google. I'd bet that out of what he claims rights to, maybe 10% he actually has the rights to bitch about. Buying something non-exclusive, or buying a couple of pictures out of set, or having some pictures of the same person that someone else shot, well, that does not make the images belong to him.

spacedog 01-10-2006 10:35 AM

Quote:

Originally Posted by TheDoc
My purchased photos, if I have the rights to them, then I can protect them. If I use them on my site and I don't want google to list them, that is my legal right. Non-exclusive or not.

I'm not saying the perfect10 guy isn't a moron, or what he did wasn't totally fucked..

But at the end of the day, this is Googles fault. If they would have just removed the damn perfect10 photos when he asked, nobody would be here bitching about what took place.


however, if another license owner has those same photos, you do NOT have the legal right to have google remove THEIR listings.

TheDoc 01-10-2006 10:40 AM

Quote:

Originally Posted by spacedog
however, if another license owner has those same photos, you do NOT have the legal right to have google remove THEIR listings.

Good point..

georgeyw 01-10-2006 10:42 AM

I don't get it. From what i've read here - google has simply complied with something without actually thinking? Perhaps google just couldn't be bothered with this fool?

what kind of moron doesn't want google traffic? This astounds me to say the least. A tiny bit of js = more traffic to YOUR page.

DTK 01-10-2006 10:46 AM

Quote:

Originally Posted by Expo_Vids
Norm Zadeh was the first person to ever sue me. That was like 10 years ago.
Thanks for bringing back the memory :1orglaugh

Is that the same Norman Zadeh that's written a poker book or two??

CamRabbit 01-10-2006 10:47 AM

Quote:

Originally Posted by georgeyw
I don't get it. From what i've read here - google has simply complied with something without actually thinking? Perhaps google just couldn't be bothered with this fool?

what kind of moron doesn't want google traffic? This astounds me to say the least. A tiny bit of js = more traffic to YOUR page.

stick to your day job, mmkay?

TheDoc 01-10-2006 10:50 AM

Hey Kimmy :)

I understand that perfect10 went way overboard with it, even more so when Google doesn't advertise on images. However, if I asked "anyone" to remove my photos from a site, they should do it, no questions asked. Promo content, owned, purchased, etc. It sucks to clean things up they have to remove anything with a possible perfect10 photo.

Now if perfect10 told Google that other provider?s content was their own, then those companies need to stand up and fight perfect10. As much as it sucks.

I tell ya, I'm waiting on video. to take on adult, I won't stand for one of my videos to get posted. A promo video, fine.. A members video and I will ask them to remove it, if they wouldn't I would sue. I already hate the fact that someone can search images, find my photos, surf 1000?s of them in one place. My members area is for that, not images.

RawAlex 01-10-2006 10:51 AM

Google did what is needed in DMCA case: they acted. The statements and assertions of the perfect 10 guy are enough on their face to take action. If you think that those statements are not true, you would need to contact google and deny them, with example and license, and show where you have the rights to those images and where the DMCA statement was incorrect. You would likely also have to file suit against mr Perfect10, for said statements that you feel are false.

Good luck.

Most of the people I have seen posting in this thread either (a) run celeb sites, where they have little or no chance of having rights to images, (b) misused sponsor content, mostly by copying hosted free galleries and using the images without permission, (c) using images from a sponsor where the sponsor may not have rights to allow reuse or use by others, or (d) are amoung the rare ones that appear to have valid licence and rights on the images.

My feeling is that only the people in (d) have anything to say here.

Alex

Denny 01-10-2006 10:54 AM

Quote:

Originally Posted by spacedog
however, if another license owner has those same photos, you do NOT have the legal right to have google remove THEIR listings.

exactly :thumbsup

georgeyw 01-10-2006 11:03 AM

Quote:

Originally Posted by CamRabbit
stick to your day job, mmkay?

my day job? LMFAO

Kimmykim 01-10-2006 11:05 AM

Quote:

Originally Posted by TheDoc
Hey Kimmy :)

I understand that perfect10 went way overboard with it, even more so when Google doesn't advertise on images. However, if I asked "anyone" to remove my photos from a site, they should do it, no questions asked. Promo content, owned, purchased, etc. It sucks to clean things up they have to remove anything with a possible perfect10 photo.

Now if perfect10 told Google that other provider?s content was their own, then those companies need to stand up and fight perfect10. As much as it sucks.

I tell ya, I'm waiting on video. to take on adult, I won't stand for one of my videos to get posted. A promo video, fine.. A members video and I will ask them to remove it, if they wouldn't I would sue. I already hate the fact that someone can search images, find my photos, surf 1000?s of them in one place. My members area is for that, not images.

DMCA provides for an equitable solution to copyright infringement issues without having to immediately resort to court action. However, there's nothing that I'm aware of that says in the case of copyright infringement that the injured party has to notify anyone prior to filing a lawsuit.

If you are prepared to notify someone to remove your content, then you'd better have proof that it was indeed yours to manipulate if the party that had the content removed by a Google, a webhost, a biller, etc who removed the allegedly offending pages on your request. DMCA is not about 'potential' or 'possible' content misuse. It's a solution that is the first step in some cases to a lawsuit.

While I think you're a sweetheart, Chris, I also think that if your affiliates were affected because of something as unfounded as the majority of this most likely is, you'd be hopping mad. Or if your own promotions of your own content had been affected, you'd be madder still.

Zadeh's been inclined to misuse the DMCA time and time again. He's tried it on every AVS, every biller, and even Mastercard and Visa. His intentions are not to uphold the copyright law as it is intended or written, it's to subvert it to his own purposes because he has the time and money to make life hell for everyone he can.

AsRedAs 01-10-2006 11:08 AM

This is really fucked up!

TheDoc 01-10-2006 11:13 AM

Quote:

Originally Posted by Kimmykim
While I think you're a sweetheart, Chris, I also think that if your affiliates were affected because of something as unfounded as the majority of this most likely is, you'd be hopping mad. Or if your own promotions of your own content had been affected, you'd be madder still.


Trust me, if google took down all my photos from images I wouldn't be pissed.

Kimmykim 01-10-2006 11:21 AM

Quote:

Originally Posted by TheDoc
Trust me, if google took down all my photos from images I wouldn't be pissed.

Even if your SEO affiliates were affected?

justsexxx 01-10-2006 11:24 AM

Traffic Rank for perfect10.com: 71,172

What a joke

TheDoc 01-10-2006 11:32 AM

Quote:

Originally Posted by Kimmykim
Even if your SEO affiliates were affected?

This is really simple to understand, I don't like google images. I hate the idea that a surfer can get 1000's of my photos, all from google, and not from my members area. At least with just affiliates the person would have to look around to find 1000's of my photos, or join my site.

As for my affiliates, if it took down normal se listings then it would suck. If it removed them from images only, then I wouldn't care.

Google images is bad for my paysites, it may be good for my affiliates to get some nice extra traffic, but overall it saturates my content more than affiliates already do, and that sucks for me.

RawAlex 01-10-2006 11:36 AM

thedoc, the issue you haven't isn't with google, but with the thousands of sites illegally displaying your images to be indexed by google. Google isn't there to enforce your copyright claims for you... if you want to make DMCA claims, make them to the people displaying your image, not Google who is working with "good intention" to allow their users to search for images that interest them in a legal manner.

If you feel your affiliates are over saturating your content, well... stop giving it out, or be more selective as to what images and what sets you put out there.

Alex

TheDoc 01-10-2006 11:46 AM

I didn't say that at all.. I?m not having any copyright issues with my content.

My images are being legally used by webmasters, they can use as much as they like on any site/domain that they want. I don't care. Webmasters don't over saturate my content.

The problem with google is they group all my content together in one place. One large, free, loaded TGP, come here, get all my photos, see everything I have, and never pay a dime to me or the webmaster.

twist 01-10-2006 11:54 AM

Quote:

Originally Posted by RawAlex

Most of the people I have seen posting in this thread either (a) run celeb sites, where they have little or no chance of having rights to images, (b) misused sponsor content, mostly by copying hosted free galleries and using the images without permission, (c) using images from a sponsor where the sponsor may not have rights to allow reuse or use by others, or (d) are amoung the rare ones that appear to have valid licence and rights on the images.

My feeling is that only the people in (d) have anything to say here.

Alex

Read again. Most people responding here are probably affiliates of Hegre Archives and were alowed to use the content for promotion. For god sake the pictures i used had nothing to do with perfect 10, they even are watermarked from Hegre or Modelflats. Modelflats even told that they produced the content and sold some to perfect 10 (non exclusive).

For a large part perfect 10 made a false claim no matter how you feel about google images.

Doctor Dre 01-10-2006 12:01 PM

OMG lol

Anybody who's been arround for long enough knows not to do business with Zadeth. he's fucked any 1 I nevery way/holes possible since he's been arround. I think he just like the fact that he's got power on other people's lifes and love to mess them up.

Denny 01-10-2006 12:02 PM

Quote:

Originally Posted by twist
Read again. Most people responding here are probably affiliates of Hegre Archives and were alowed to use the content for promotion. For god sake the pictures i used had nothing to do with perfect 10, they even are watermarked from Hegre or Modelflats. Modelflats even told that they produced the content and sold some to perfect 10 (non exclusive).

For a large part perfect 10 made a false claim no matter how you feel about google images.

yea! :thumbsup

llporter 01-10-2006 12:30 PM

Quote:

Originally Posted by Doctor Dre
OMG lol

Anybody who's been arround for long enough knows not to do business with Zadeth. he's fucked any 1 I nevery way/holes possible since he's been arround. I think he just like the fact that he's got power on other people's lifes and love to mess them up.

Did you even bother to read the thread first?

llporter 01-10-2006 12:32 PM

Quote:

Originally Posted by TheDoc
Google images is bad for my paysites, it may be good for my affiliates to get some nice extra traffic, but overall it saturates my content more than affiliates already do, and that sucks for me.

IMHO, as an affiliate, google image traffic is almost as bad as tpg traffic. Just surfers looking for free pics and does not convert.

TheDoc 01-10-2006 12:37 PM

Quote:

Originally Posted by llporter
IMHO, as an affiliate, google image traffic is almost as bad as tpg traffic. Just surfers looking for free pics and does not convert.

I 1000000% agree.. I seem to get a ton of google image traffic, fresh site opens and the traffic from google images start, but it doesn't seem to convert for shit. I'm sure some people work google images and get a good amount of sales, but I don't see it being any easier or better than working TGP traffic.

RawAlex 01-10-2006 01:02 PM

Quote:

Originally Posted by twist
Read again. Most people responding here are probably affiliates of Hegre Archives and were alowed to use the content for promotion. For god sake the pictures i used had nothing to do with perfect 10, they even are watermarked from Hegre or Modelflats. Modelflats even told that they produced the content and sold some to perfect 10 (non exclusive).

For a large part perfect 10 made a false claim no matter how you feel about google images.

Sorry, but let me repeat:

"(c) using images from a sponsor where the sponsor may not have rights to allow reuse or use by others,"

The only assurance you have that the images are being used legally is the claims by the sponsor. If perfect10 dude is making claims with no backing, well, then hegre or whoever needs to get after him. There is no way as an affiliate of hegre that you can be aware or or party to the agreements that may have been made between these two organizations. Perfect10 would appear to be claiming that third party use was not part of their arrangement, or that perfect10 does not clearly understand that those uses would be. It would be up to Hegre to contact google and inform them that the perfect10's claim on those images are NOT correct, and that they should disregard the DMCA claim.

As a third party, you don't know. Complain to the sponsor don't complain to google - you have no standing.

Alex

blas 01-10-2006 01:23 PM

Please, please, please... this is not a thread about Google Images!

These guys have defamed a lot of us and they get that Google removed our homepage results, with no prior notification, no proofs, no real reasons! We are loosing money and credibility for this matter!

So I think we must place a combined lawsuit against Perfect 10 NOW! The right is a daily sum for damages for every banned day and for every website, for example:

$1000 x 30 days banned x 100 websites affected = $ 3 millions

Any good USA attorney here? We could be talking about million of dollars and (I hope) the end of Perfect 10...

We are right and I'm totally sure that any court will give us the reason!

XPays 01-10-2006 01:26 PM

Quote:

Originally Posted by blas
Please, please, please... this is not a thread about Google Images!

These guys have defamed a lot of us and they get that Google removed our homepage results, with no prior notification, no proofs, no real reasons! We are loosing money and credibility for this matter!

So I think we must place a combined lawsuit against Perfect 10 NOW! The right is a daily sum for damages for every banned day and for every website, for example:

$1000 x 30 days banned x 100 websites affected = $ 3 millions

Any good USA attorney here? We could be talking about million of dollars and (I hope) the end of Perfect 10...

We are right and I'm totally sure that any court will give us the reason!

there are substantial risks to a dmca filer if they are wrong and victims can fuck them right back. good luck!

remii 01-10-2006 01:34 PM

Lawsuit
 
I think a lawsuit would be the only way to stop those bastards !
I would be in if it comes about a combined lawsuit !


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