Court-Stamped XPays Copyright Enforcement PDF Download (PDF)

[XPays]

Click XPaysComplaint.pdf

or Visit http://XPays.com and enter the site and click link to the PDF in the upper right-hand side of the page to download.

[XPays]

you can help us in spreading the word that anyone else who continues to infringe on the Video will be added as a defendant, by bumping this thread

[marketsmart]

i would like to infringe on your copyright... please tell me how i can do so...

[brand0n]

lol

fuckin riot..

fuck that stupid bitch.. and fuck anyone who makes a living off 1 night of her gettin stupid in front of a camera

now call your lawyers

[XPays]

Originally Posted by marketsmart

i would like to infringe on your copyright... please tell me how i can do so...

there are successful p2p webmasters legally marketing and making money fyi.

[marketsmart]

Originally Posted by XPays

there are successful p2p webmasters legally marketing and making money fyi.

i know.. i was just fucking with you.. i am an affiliate....

[XPays]

Originally Posted by marketsmart

i know.. i was just fucking with you.. i am an affiliate....

we are going to make money together for a long time with the video

[D-Money]

Originally Posted by marketsmart

i would like to infringe on your copyright... please tell me how i can do so...

[Major (Tom)]

that video still sells?
man, you can get that anywhere.

well, i guess as sol rosenberg put it "I dont know, sue everybody!"

Duke

[Mr.Right - Banned For Life]

Originally Posted by DukeSkywalker

that video still sells?
man, you can get that anywhere.

well, i guess as sol rosenberg put it "I dont know, sue everybody!"

Duke

I was thinking the same thing to, are people still buying this video considering you can get it anywhere for free ?

[XPays]

Originally Posted by DukeSkywalker

that video still sells?
man, you can get that anywhere.

well, i guess as sol rosenberg put it "I dont know, sue everybody!"

Duke

It sells very well. Please read the complaint for more details. Does your content just stop being watched on a timeline?

[dcortez]

Originally Posted by XPays

you can help us in spreading the word that anyone else who continues to infringe on the Video will be added as a defendant, by bumping this thread

For sure.

Copyright is copyright.

But it's troubling as an affiliate to discover that one's sponsor (or their parent company) may be liable for stuff that you assumed they were licensed to 'handle'.

What would you recommend as due diligence for affiliates to know if their sponsors have the rights to the content they claim to have?

Should we be getting statements of license or something from our sponsors?

[XPays]

Originally Posted by DukeSkywalker

that video still sells?
man, you can get that anywhere.

well, i guess as sol rosenberg put it "I dont know, sue everybody!"

Duke

what strategy would you employ if your content is stolen and misused?

[XPays]

Originally Posted by dcortez

For sure.

Copyright is copyright.

But it's troubling as an affiliate to discover that one's sponsor (or their parent company) may be liable for stuff that you assumed they were licensed to 'handle'.

What would you recommend as due diligence for affiliates to know if their sponsors have the rights to the content they claim to have?

Should we be getting statements of license or something from our sponsors?

That is a great question and your comments touch on the reason why we must get the word spread. Affiliates many times can be put in a tough position by a sponsor. Due diligence is very important as always.

[Bro Media - BANNED FOR LIFE]

/me puts up paris shit linked to mr skin

[Major (Tom)]

Originally Posted by XPays

what strategy would you employ if your content is stolen and misused?

paris is a household name. my stuff isnt. just by its very nature your content has the proclivity to end up just about anywhere. Plus its just the same scene. its not like shes updating. so for sure it has a shelf life.

duke

[XPays]

Originally Posted by LOL :D

/me puts up paris shit linked to mr skin

as in </me....> ?

[XPays]

Originally Posted by DukeSkywalker

paris is a household name. my stuff isnt. just by its very nature your content has the proclivity to end up just about anywhere. Plus its just the same scene. its not like shes updating. so for sure it has a shelf life.

duke

how long do you think the shelf-life is? keep in mind the video does 1500 dvd's a week and millions online with XPays annually and Currently.

also, say a fusker-type or "user-submitted" content site has your videos- what would you do? your affiliates have no chance against those who put up your content and undercut you as well-

[dcortez]

Originally Posted by XPays

That is a great question and your comments touch on the reason why we must get the word spread. Affiliates many times can be put in a tough position by a sponsor. Due diligence is very important as always.

But WHAT should affiliates DO?

Is there anything the sponsor can proactively provide (ie their license agreements with the content providers)?

I'm beginning to wonder about some of the eastern european sponsors and the content they make available to the affiliates - are they even licensed to distribute the content for 'make your own galleries'?

How do we find out?

[dcortez]

Originally Posted by DukeSkywalker

paris is a household name. my stuff isnt. just by its very nature your content has the proclivity to end up just about anywhere. Plus its just the same scene. its not like shes updating. so for sure it has a shelf life.

duke

Practical monetization shelf-life and cultural popularity have nothing to do with copyright law.

If it's copyrighted, the OWNER decides when to give up on converting the property into some form of consideration or another - even if they may have deluded aspirations - it's THEIR (copy) right.

[XPays]

Originally Posted by dcortez

But WHAT should affiliates DO?

Is there anything the sponsor can proactively provide (ie their license agreements with the content providers)?

I'm beginning to wonder about some of the eastern european sponsors and the content they make available to the affiliates - are they even licensed to distribute the content for 'make your own galleries'?

How do we find out?

You could conceivably have them indemnify you for use of their provided content and better yet have them post a bond if you identify a high risk situation. But the reality is that if you have to take it that far then there is a high likelihood there is an issue. JuicyBucks had a situation with the Williams suit and did not do jack for their affiliates. Several of their U.s. affiliates contacted me directly for assistance. At the end of the day, business growth and longevity depend on these sorts of decisions. I do not in my personal non-lawyer opinion intend to give ANY legal advice by my posts and we have the best first ammendment lawyer with Cambria, the best ip lawyer Paul Berra, and Perkins Coie on our corp and other uspto related stuff. Meaning- have good lawyers and consult with them prior to partnering with any company. Let them review agreements and sites and give you an opinion. Then make the right call- it also helps if you stayed at a holiday inn last night.

[FightThisPatent]

I am sure you guys are tracking the Titan lawsuits against the community sharing sites: http://www.fighttheblog.com/blog/?cat=6


Fight the docket!

[XPays]

Originally Posted by FightThisPatent

I am sure you guys are tracking the Titan lawsuits against the community sharing sites: http://www.fighttheblog.com/blog/?cat=6


Fight the docket!

Bookmarked Thank you-

[DaddyHalbucks]

Bump for Evan!

[dcortez]

Originally Posted by XPays

You could conceivably have them indemnify you for use of their provided content and better yet have them post a bond if you identify a high risk situation. But the reality is that if you have to take it that far then there is a high likelihood there is an issue. JuicyBucks had a situation with the Williams suit and did not do jack for their affiliates. Several of their U.s. affiliates contacted me directly for assistance. At the end of the day, business growth and longevity depend on these sorts of decisions. I do not in my personal non-lawyer opinion intend to give ANY legal advice by my posts and we have the best first ammendment lawyer with Cambria, the best ip lawyer Paul Berra, and Perkins Coie on our corp and other uspto related stuff. Meaning- have good lawyers and consult with them prior to partnering with any company. Let them review agreements and sites and give you an opinion. Then make the right call- it also helps if you stayed at a holiday inn last night.

I'll be sure to add this issue to my Adult Best Practices doc - Enlightened sponsors will disclose/publish all their content licenses and include a waiver in their TOS exempting affiliates from any content licensing issues (provided the affiliate follows the sponsor's content rules).

The first sponser that proactively adopts this standard contact me - I'll put you at the top of our list!

[XPays]

Originally Posted by DaddyHalbucks

Bump for Evan!

thanks DaddyHalbucks- most appreciated.

[sicone]

Go get 'em Evan

[RogerV]

Originally Posted by XPays

what strategy would you employ if your content is stolen and misused?

The internet is filled with theives fuckin sucks.. for people who try to be straight shooters. If you can beat them join them. no way to beat them

[XPays]

Originally Posted by dcortez

I'll be sure to add this issue to my Adult Best Practices doc - Enlightened sponsors will disclose/publish all their content licenses and include a waiver in their TOS exempting affiliates from any content licensing issues (provided the affiliate follows the sponsor's content rules).

The first sponser that proactively adopts this standard contact me - I'll put you at the top of our list!

Where you are going with this sounds good- you might want to craft the doc a little more to incorporate some of the ideas without forcing sponsors and programs to reveal privileged aspects of their business.

[xNetworx]

Gotta protect your rights

[XPays]

Originally Posted by sicone

Go get 'em Evan

thanks as always sicone and much appreciated

[XPays]

Originally Posted by pimpporn

Gotta protect your rights

it's a trend that will preserve the industry's revenue growth for sure - word.

[xxxice]

U are suing sk isn't that a company we all know ?

[XPays]

Originally Posted by Batts

I was thinking the same thing to, are people still buying this video considering you can get it anywhere for free ?

dude- please send me any links any time you see them. if i see a batts model set out there for free i would email you. it takes seconds. you can hit me up on icq which i have used 10 times ever but you do not hook me up with the links? hook it up next time please ---

[xxxice]

gfy is in there too

[XPays]

Originally Posted by vanderweb

gfy is in there too

you bet. we have done millions here literally. we take webmasters here very seriously.

[xxxice]

Originally Posted by XPays

you bet. we have done millions here literally. we take webmasters here very seriously.

i am sorry i just never really saw gfy in one of these documents

[XPays]

Originally Posted by vanderweb

i am sorry i just never really saw gfy in one of these documents

you probably read about "why" already but i doubt it will be the last time due to the popularity of this community.

[xxxice]

Originally Posted by XPays

you probably read about "why" already but i doubt it will be the last time due to the popularity of this community.

yes no harm involved i just heard a lot of people say they would bring gfy into court docs never actually saw it. you have every right to pursue your causes ...

[XPays]

Originally Posted by vanderweb

yes no harm involved i just heard a lot of people say they would bring gfy into court docs never actually saw it. you have every right to pursue your causes ...

thank you for your support

[dcortez]

Originally Posted by XPays

Where you are going with this sounds good- you might want to craft the doc a little more to incorporate some of the ideas without forcing sponsors and programs to reveal privileged aspects of their business.

That's the tough balance.

The main thrust of my 'guidelines' is that observing them is completely voluntary. However, should the industry shift (upwards), then those who (choose) not to observe 'Best Practices' will be seen as such and the free market will respond however it does (when given other better choices).

Either way, this (your) situation underlines the importance of affiliates knowing WHO THEIR SPONSORS ARE.

I've been flamed before whenever I challenged a processor or sponsor to disclose their corporate identity - I've been quoted rebuttals like 'It (corporate disclosure) did not help the Enron victims - it's not vital in doing business with someone'.

I say it is very important to know who your Sponsor/Processor IS when you are agreeing to Terms of Service and possibly becoming complicit in something which may have negative financial consequences.

Hopefully, your situation will raise the awareness of affiliates to dig in and find out who they are dealing with in no uncertain terms.

[Jace]

1500 dvd's a week? haha, give me a break

[Juicy D. Links]

Paris Hilton wants me , but i wont return her calls....

Its hard being so damn good looking

[BlackCrayon]

soo when the video first leaked on the net before hotelheiress even existed who was to blame then? rick himself? i just don't like how the whole thing happened. its not like you guys had your site and people stole the content from the site, it was licensed to you after the fact that it was all over the net.

[Far-L]

Originally Posted by DukeSkywalker

paris is a household name. my stuff isnt. just by its very nature your content has the proclivity to end up just about anywhere. Plus its just the same scene. its not like shes updating. so for sure it has a shelf life.

duke

lol, you have got to be kidding... tell that to the folks that still sell that supposed Marilyn Monroe loop.

Good content never dies. Come to think of it... crap content never dies either... as long as someone can get off to it there will always be a customer.

[Far-L]

Originally Posted by BlackCrayon

soo when the video first leaked on the net before hotelheiress even existed who was to blame then? rick himself? i just don't like how the whole thing happened. its not like you guys had your site and people stole the content from the site, it was licensed to you after the fact that it was all over the net.

You are making inaccurate assumptions - best not to judge when you don't have all the facts in order.

[scottybuzz]

sigspot./.....

[wiggitywack]

Originally Posted by DukeSkywalker

that video still sells?
man, you can get that anywhere.

well, i guess as sol rosenberg put it "I dont know, sue everybody!"

Duke

Saul Roseneberg, shit man thats classic...

"should I bring my shoes and glasses, so I have them?"

funny thing last weekend I was in Philly and I came across a statue of Frank Rizzo, he is a real person and is the former mayor of Philadelphia. I got a pic in front of the statue for shits and giggles.

[XPays]

Originally Posted by BlackCrayon

soo when the video first leaked on the net before hotelheiress even existed who was to blame then? rick himself? i just don't like how the whole thing happened. its not like you guys had your site and people stole the content from the site, it was licensed to you after the fact that it was all over the net.

a 3min nightvision clip circulated prior to XPays participation and contracting. we have 37 minutes of footage live including full color scenes. so your whole claim is false and simply put anyone who gambled that the original clip that was circulated was theirs to publish, turned out to be wrong.

[XPays]

Originally Posted by Far-L

lol, you have got to be kidding... tell that to the folks that still sell that supposed Marilyn Monroe loop.

Good content never dies. Come to think of it... crap content never dies either... as long as someone can get off to it there will always be a customer.

i was surprised by duke's comments as well. between homegrown's 20+ years of experience and the 8+ years XPays has been around, i would think he will reconsider or discover the truth about content cycles in due time as we all have. thanks far-l!