Will new 2257 regs mean the end of PornoTube?

[SmutGiant]

see title & discuss.

[Kimo]

we can only hope, rite?

[StickyGreen]

i hope so, fuck pornotube...

[he-fox]

"New 2257 regulations" - ????????????????????????????????????
The '90s called - they need their 2257 regulations back

[d00t]

will it also mean the end of google images?

[TheJimmy]

"New 2257 regulations" - ????????????????????????????????????
The '90s called - they need their 2257 regulations back

yeh, that whole new set of 4 numbers is a bish to remember


PS: I do also wonder about the previous 'service provider' position if that still holds...

Who's got Lensman on IM? I bet he might have someone hashing through the new text to get a grip on that. Pretty serious implications for board owners if an angle doesn't exist like it did for that.

[CaptainHowdy]

Fuck it ! Fuck it ! Fuck it !

[streetux]

i cant understand, what that means ? :S how bad is it?

[Rolo]

The YouTube clones will try and weasel out of the 2257 regs.

Their weapon of choice is ignorance - that they have no control over their users. This is also how they will try and avoid the copyright lawsuits - saying their service belong under the DMCA

The problem with this argument is that they are providing a service, which directly benefits from the content. Prosecutors and judges are not dumb people, they can see when someone does something with "intent". Ex. does not put the mechanisms in place, which could control the problem.

Ask why Kazaa just paid $100 milllion to the recording industry:

Just over a year ago, the U.S. Supreme Court ruled that file-sharing companies could be held responsible for illicit content that passed through their sites, subverting a 2003 verdict by a lower court that decentralized downloading networks were legal. It was a decision that doomed Grokster and set a tough precedent for future face-offs between peer-to-peer networks and the recording industry.

The YouTube clones are not even P2P - they host all of the videos, and have every option to try and control copyright infringements + child pornography. However they know, if they start out as a "restricted service", then they will not be able to get the surfer´s attention.

So the clones are betting that they can keep the law enforcement + civil suits at arms length with the DMCA, while they kill of the competition who are playing by the rules. Or as one of the YouTube clones said "No one have the balls to do this beside us"

[KrisKross]

Pornotube is possibly exempt due to the provision that allows for sites with no reasonable control over their content.

Otherwise, they can just limit submissions to those who provide 2257 docs, as their submission script already allows for.

Those who are saying "Fuck PornoTube" simply aren't smart enough to use it to their advantage.

[tony286]

it will be interesting to see what happens

[L-Pink]

PornoTube is aware much of their content is illegally posted. (copyright problems or home made porn with no way of being 2257 compliant)

If you knowingly facilitate criminal activity, you are breasking the law.

[Dirty Dane]

yes probably

[xclusive]

I hope so, The less porn out there the better for all of us

[Dennis69]

I think you are barking up the wrong tree if you think that is going to shut them down... it hasn't bothered all the image hosts, rapidshare etc that have been up for years now, so why would it shut down PornoTube?

[KrisKross]

PornoTube is aware much of their content is illegally posted. (copyright problems or home made porn with no way of being 2257 compliant)

If you knowingly facilitate criminal activity, you are breasking the law.

Uh, no. It's not that cut and dry. If it was, photocopier manufacturers, CD/DVD writer manufacturers, DVR manufacturers, knife manufacturers, etc would all be breaking the law since they're all aware their products are being used to criminal activity.

[Rolo]

Uh, no. It's not that cut and dry. If it was, photocopier manufacturers, CD/DVD writer manufacturers, DVR manufacturers, knife manufacturers, etc would all be breaking the law since they're all aware their products are being used to criminal activity.

The YouTube clones are not providing technology or a product - they are providing a service. A service which:

- Encodes
- Stores
- Distributes

Even their own terms state that you must give them a sublicense for the video. You never see a photocopier, CD/DVD writer etc. asking you to give them a sublicense.

[fusionx]

The YouTube clones are not providing technology or a product - they are providing a service. A service which:

- Encodes
- Stores
- Distributes

We don't distribute. That's the flaw in your arguement.

We respond immediately to DMCA requests. I've personally fulfilled three so far. No problem, no fuss, no bother.

Have a great day

[Nikki_Licks]

Well hopefull it will be the end of them. I hope it will be the end for all the guba thieves and anyone else pulling the same shit.
I would like to see how they handle the documentation now. I wouldn't be suprised if they their asses turned in by other webmasters for improper docs. It could be a quick way to slam their faces in the mud and they could get some jail time to boot.
Things that make you go hummmmm....

[Rolo]

We don't distribute.

What do you call this http://www.pornotube.com/ ?

[Jace]

What do you call this http://www.pornotube.com/ ?

Just out of curiosity, and I don't have a lawyer on hand so I have no clue, but according to the law, wouldn't distribute and serve be 2 seperate things?

[Jace]

Well hopefull it will be the end of them. I hope it will be the end for all the guba thieves and anyone else pulling the same shit.
I would like to see how they handle the documentation now. I wouldn't be suprised if they their asses turned in by other webmasters for improper docs. It could be a quick way to slam their faces in the mud and they could get some jail time to boot.
Things that make you go hummmmm....

but what about content producers have no issue with their content being up there and actually have have given pornotube permission to have their files on there? ;)

I hope pornotube doesn't go away, it is working very nicely for me, anyone who doesn't want it around obviously doesn't realize what a powerful tool it is for affiliates and sponsors alike

[Rolo]

We respond immediately to DMCA requests.

Yes, its like the good old "public domain" days all over again

All images and videos on YouTubeClone.com are thought to be public domain and if they are not public domain they are copyrighted to their respective owners. If you own the copyright to any videos and wish to have that information displayed, have us remove any videos or have any other comments, please email [email protected]

[Tdog]

I think you are barking up the wrong tree if you think that is going to shut them down... it hasn't bothered all the image hosts, rapidshare etc that have been up for years now, so why would it shut down PornoTube?

Right, but non of the laws has gone after the hosting providers until now.

[Rolo]

I hope pornotube doesn't go away, it is working very nicely for me, anyone who doesn't want it around obviously doesn't realize what a powerful tool it is for affiliates and sponsors alike

Jace - what do they provide, which you can not do on your own servers or the servers of your sponsor?

[Jace]

Jace - what do they provide, which you can not do on your own servers or the servers of your sponsor?

I can see your bait and I am not going to fight with you, I will say that any chance a business owners gets to cut costs should be taken, and pornotube provides an excellent way for any online porn business owner to cut major costs

[fusionx]

What do you call this http://www.pornotube.com/ ?

A service provider.

Look up the legal definition of "distributor" as it applies in this context.

[Xplicit]

Maybe the end of pornotube...

Until a similar site that isnt in the USA popps up.

Thats why regulations like this are pointless, the internet is global, these laws only apply in the USA.

But our lawmakers are too stupid, old, and clueless about the internet to grasp any concept of this.

[Rolo]

A service provider.

Yes, I am aware that YouTube and its clones are happy to call themself OSPs, however it has yet to be confirmed by the courts (the chance might come with the Los Angeles News Service lawsuit)

IMO "If it looks like a duck and it quacks like a duck, then it?s probably a duck"

As I wrote, then the weapon of choice is ignorance, and I do not expect any YouTube clone to suddenly say "Yes, we are not as ignorant as we state" - it would kinda make it hard to stay in business

However I had hoped that the adult YouTube clones were less clones and more about business, since we as an industry have somewhat the same goals, which is making more money (well, at least I hope that is what everyone is looking to do). Of course as I and others have learned, then we do not agree on which are the priorities to reach that goal - most likely because the YouTube clones are looking at "taking", while we are looking at "making"

But as the thread starter asked, then I would also like to know how the adult YouTube clones are looking at the new 2257 regs?

[R.Benoit]

Get that duck... ;)

Very true Rollo,

It seems that most have not gotten over the actual technologies to do some real business ! There is far to much hype in the adult community !

Being Canadian I don't have the same problems as you down in the States, however most of the good content provider are based across the border and it would be nice to hear more from more webmasters/owners who know their stuff !

Thanks for your time,

[fusionx]

Of course as I and others have learned, then we do not agree on which are the priorities to reach that goal - most likely because the YouTube clones are looking at "taking", while we are looking at "making"

And as I've related to you several times now, the entire purpose of our site is to make money and provide traffic for our partners and affiliates.

The site is about a month old, and is still in beta. Tools are rolling out now. A few testers already have access to the initial product stages.

We are all about "making" - for our partners and our affiliates. That's what keeps us in business. Our partners know this.

Rolo, my ICQ is in my sig. If you want to discuss anything, hit me up. I won't be replying to you on the boards any more.