A1r3k --- Here Is Another Fuckface Selling Stolen Content Via Epoch....

[ProjectNaked]

I have sent this asshole several C&D's but he thinks he is doing nothing wrong. He was processing with ccbill, now epoch - talked to ccbill several times but was impossible to get anything done at the time. Seems that everyone can recognize the stolen pictures all over his site but without filling out 15 forms and sending 37 emails there is nothing that can be done.

I had a password before and found the following just in the first few pages:

melissamidwest
nebraskacoeds
sillycoeds <-- (our content)
socalcoeds
bikinivoyeur
several lightspeedcash girls
and lots of suspected CP

www.onlytherealdeal.com

Registrant:
Bryan E
PO Box 412
Buffalo, New York 14201
United States

Registered through: GoDaddy.com, Inc. (http://www.godaddy.com)
Domain Name: ONLYTHEREALDEAL.COM
Created on: 16-Mar-04
Expires on: 16-Mar-11
Last Updated on:

Administrative Contact:
E, Bryan [email protected]
PO Box 412
Buffalo, New York 14201
United States
1234567890 Fax --

Technical Contact:
E, Bryan [email protected]
PO Box 412
Buffalo, New York 14201
United States
1234567890 Fax --

Domain servers in listed order:
NS1.GEODNS.NET
NS2.GEODNS.NET

[MikeVega]

Buffalo isn't that far ..

[CaptainHowdy]

Damm !

[seeric]

you still got the password?

nevermind actually, the lawyers say that you have to legally obtain a password to the site. that doesn't mean i can buy one and become completely dissatisfied inside and get it credited.



sent off to a few of the sponsors on that list too.

this is what it takes. keep posting stuff like this.

i have talked to several processors and they have no issues cutting the processing on people that are doing stuff illegally.

[G-Rotica]

I thought GoDaddy wouldn't host adult? Maybe they'll shut him down.

[MeganS]

It's hard to tell .. but i am pretty sure some of those pictures belong to studios.

Megan

[JMM]

It doesn't take 37 emails, it takes one properly formatted DMCA notice to the processor.

However, in this case, I am against sending a DMCA letter to the processor, or the host. Here is what I am for..

1. Join the site.
2. Document the infringement. (screencaps)
3. Send a Cease and Desist letter, give him 14 days to respond.
4. If he responds on time, follow up with a Demand in Settlement letter that basically says, here is my case, here are the damages I am entitled to by law, however, send me $5000 in 14 days and stop infringing or I am going to sue you.
5. If he pays, give him a release for his PAST actions.
6. If he refuses, sue him. You will get a judgment against him. You will have 10 years to collect on that judgment through wage garnishments, forced asset sales, etc. If you are unable to collect within 10 years the full amount, you simply petition the court for an additional 10 years. Such requests are normally approved as a matter of course.

Here is the great news. If you format the suit properly, then he cannot make the judgment go away. His actions would be considered an intentional tort. Judgments as a result of intentional torts cannot be dissolved in a bankruptcy action. That is why OJ for example can't just file bk to make the judgment against him go away, because he intended to kill those two people.

Disclaimer: I ain't no lawyer and I ain't giving no legal advice. The above is just my opinion based on my 11 1/2 years experience dealing with content stealing douchebags, and the court system.

[Pete-KT]

Originally Posted by MikeVega

Buffalo isn't that far ..

Mikey will take care of it for a small fee ;)

[Jenny S.]

Thanks for the info. Teh moderators should consider to make a separate board for messages like this, because they most likely go unread by many in a sea of BS. What abot the "Jerks that fucking other webmasters" board?

I caught one myself, fortunatyely, besides my computer geek, I also have an army of faithful fans/spies out there who notify me if they find my content on otehr pages.

Last week my geek caught another thief:

http://www.adult-share.net Claims that others upload to his site, but in reality it is nothing but a members area that the jerk stacks up with stolen content.

What to do if you find your content on some jackasses page?
The Digital Millennium Copyright Act (“DMCA”) allows copyright owners to notify hosts, billing companies, and others providing services to websites displaying stolen content, of the infringement and request that the infringing content be disabled, removed or discontinued by the service provider.

In minor cases, warn him and request him to take your content down. Have your attorney deliver a DCMA notice to the billing company (CC Bill) and request them to freeze his account. That really hurts. Then, have the attorney contact the ISP and request the site to be shut down.

There is more that can be done, but that should do it.

[TampaToker]

[QUOTE=JMM;12945512]
4. If he responds on time, follow up with a Demand in Settlement letter that basically says, here is my case, here are the damages I am entitled to by law, however, send me $5000 in 14 days and stop infringing or I am going to sue you.[QUOTE=JMM;12945512]

Bare with me here this is not my area. But could that be considered blackmail?

[JMM]

[QUOTE=TampaToker;12945572][QUOTE=JMM;12945512]
4. If he responds on time, follow up with a Demand in Settlement letter that basically says, here is my case, here are the damages I am entitled to by law, however, send me $5000 in 14 days and stop infringing or I am going to sue you.

Originally Posted by JMM

Bare with me here this is not my area. But could that be considered blackmail?

Nope..not at all.

If you said...pay me or I am going to have you arrested, that is extortion (not blackmail).

If you said...pay me or I am going to kick your ass, that is extortion.

If you said...pay me or I am going to seduce then fuck your wife and steal her and your kids and half your assets from you, that too could be considered extortion.

However, in civil matters, you are legally entitled to demand a settlement and threaten a civil suit if they refuse.

For example..some dumb twat talking on her cell phone rams into the back of your car. You are legally allowed to say... Pay to have my car fixed or I am going to sue you.

Again..not a lawyer, not giving legal advice.

[seeric]

Originally Posted by Jenny S.

Thanks for the info. Teh moderators should consider to make a separate board for messages like this, because they most likely go unread by many in a sea of BS. What abot the "Jerks that fucking other webmasters" board?

I caught one myself, fortunatyely, besides my computer geek, I also have an army of faithful fans/spies out there who notify me if they find my content on otehr pages.

Last week my geek caught another thief:

http://www.adult-share.net Claims that others upload to his site, but in reality it is nothing but a members area that the jerk stacks up with stolen content.

What to do if you find your content on some jackasses page?
The Digital Millennium Copyright Act (?DMCA?) allows copyright owners to notify hosts, billing companies, and others providing services to websites displaying stolen content, of the infringement and request that the infringing content be disabled, removed or discontinued by the service provider.

In minor cases, warn him and request him to take your content down. Have your attorney deliver a DCMA notice to the billing company (CC Bill) and request them to freeze his account. That really hurts. Then, have the attorney contact the ISP and request the site to be shut down.

There is more that can be done, but that should do it.

there will be a reporting site where everything on thieves and those supporting them can be found. as far as i know you can report and send out the legal stuff from the site too.

[Abbie]

If they ignore DMCA's i go after hosting companies.

but in this case, this guy has a TON of content that is obviously underage girls in his webcam section...he should be turned in for that as well. He tries to claim exemption on his 2257 page, however, on some of those pics 2257 exemption can't save his ass...i see several images of girls who are obviously under 13 yrs old

[MetaMan]

You guys sure blow alot of hot steem but actually accomplish nothing on it.

[ProjectNaked]

Originally Posted by MetaMan

You guys sure blow alot of hot steem but actually accomplish nothing on it.

you are the guy that surfs for free porn and doesn't actually have any connection to adult - right?

[MetaMan]

Originally Posted by ProjectNaked

you are the guy that surfs for free porn and doesn't actually have any connection to adult - right?

no that is incorrect

you people blow way to much hot steem, these torrent guys laugh at you, it is quite sad actually, i still wish you the best of luck.

[Rand]

Since our name was mentioned in the subject of this thread, let me add this.

We take allegations of copyright infringement very seriously, however, we can only take action when we receive a formal complaint. If you would like to make a formal complaint of copyright infringement, please contact [email protected] and we will explain to you how to initiate the process.

Please see http://epoch.com/copyright.html for more information.

[ProjectNaked]

Originally Posted by Rand

Since our name was mentioned in the subject of this thread, let me add this...

I'm sure you guys have a great legal department that works perfectly but when 10 out of 10 people there can identify a violation but it still requires form after form to be filled out and url after url to be listed it become less cost effective and "too much hassell". I gave up back when they were processing with ccbill because I spent hours working on the complaints but felt like I was chasing my tail. Hopefully A1R3K is on to something and a panel will be developed to fight this quickly and effectivley.

I understand legally you can't just yank his account but....

[Mike Honcho]

That guy would SHIT if someone showed up at his front door.

[Spudstr]

You can't actually sue someone unless they do not comply with the DMCA.. if they get the DMCA.. and make sure you send it via certified mail and they remove the content.. You can't sue them unless they are repeat offenders.

As a hosting company we a few DMCA's and C & D's and this is what our attorneys have told us.

[ProjectNaked]

Originally Posted by Spudstr

...As a hosting company we a few DMCA's and C & D's and this is what our attorneys have told us.

This is an ideal situation for: "as a hosting company, we would shut down their account immediatly. We are invloved in the adult biz enough to recognize stolen content and along with the confirmation of multiple industry watchdogs do not hesitate to act."

[Spudstr]

Originally Posted by ProjectNaked

This is an ideal situation for: "as a hosting company, we would shut down their account immediatly. We are invloved in the adult biz enough to recognize stolen content and along with the confirmation of multiple industry watchdogs do not hesitate to act."

So if a company didn't want to get sued/held liable.. they need to have the content removed as long as the DMCA has been sent from a representative from the intellectual property. Hence certified mail with returned recipient is best bet.

9 out of 10 the company will notify their client. as long as they look its removed.. a few days later they can always put it up. the hosting company is in the clear because we served the customer confirmed it gone. its not our job to police it weekly then we become liable

Unlease the IP lawyers. Let em do their jobs

[ProjectNaked]

Originally Posted by Spudstr

...the hosting company is in the clear because we served the customer confirmed it gone. its not our job to police it weekly then we become liable ...

yup, guess you are in the clear. No point risking your ass to protect the integrity of the biz....

[Spudstr]

Originally Posted by ProjectNaked

yup, guess you are in the clear. No point risking your ass to protect the integrity of the biz....

there is part of the DMCA that states an ISP MUST terminate repeat offenders.

[ProjectNaked]

I'm not trying to bust your balls, but if this current movement to stop piracy and theft is going to survive it will need some balls behind it, i.e. companies willing to say enough is enough...