Advice needed re: stealing content - Page 2 - GoFuckYourself.com

ilbb · 03-21-2008, 07:13 AM

posting them on gfy is always good first step

Ask your lawyer what to do next

~Ray · 03-21-2008, 12:16 PM

I have heard both sides and will decide this case soon.

L-Pink · 03-21-2008, 12:19 PM

Quote:

Originally Posted by Dennis Rodman

lol at JTF

Jace · 03-21-2008, 12:31 PM

wow, sounds like calvista are real scumbags

i can't believe they won't show the OWNER OF THE CONTENT the contract under which his titles are sold

I would be contacting a lawyer about them before anything, sounds like they are the ones fucking you here

Sebastian Sands · 03-22-2008, 05:06 PM

Quote:

Originally Posted by AdultLicenses.com

And this is the last I heard from Calvisa

Hello Mark,

I can understand your disgust with this situation. "I definitely feel the same, however Astrit is the legal owner and the contracts he holds are private and confidential. He does not need to produce them to anyone.

The titles were sold with the full knowledge of everyone concerned.

That they now come forward looking to make more money is ridiculous.

The checks regarding foreign rights were paid to Platinum X in the USA and they were cashed.

I will contact Ralph Ceglia. "He purchased Platinum X long after this deal with Platinum X Europe was over."

He is not a part of the deal, but I believe he was made aware of the deal with Europe at the time of his employment with the original owner and before his purchase of the company in the USA.

If anyone should be upset; ?It should be Astrit.?

I apologize for any inconvenience this situation has caused you.

Sincerely,

Dani Duran

Foreign rights, normally this means DVD distribution in foreign countris, we are talking pieces here. Actual DVD's not internet rights. Am I dumb or does it really look like someone is trying to screw Brandon?

Gaybucks · 03-23-2008, 01:58 AM

This isn't as complex as it sounds.

The following applies to US copyright law, but is substantially the same in many other countries.

If a copyright owner (person A) is alleging that someone (person B) is using his content without appropriate licensure, it is the responsibility of B to prove (via something in writing) to A that B does, in fact, have the rights to do what they are doing.

B cannot get off the hook simply by saying an agreement exists but they won't provide it. A can take action, perhaps a DMCA request with the ISP, to get the content removed from the web. B must then prove that the use is not infringing.

Now... if A made a license agreement with a distributor (C), but the agreement did not allow for sublicensing or web rights, then *even if* C gave a written agreement to B to license the content for the web, the agreement is not binding or enforceable, because C did not have the rights to license in the first place. So B's license agreement is meaningless and B must still remove the infringing content.

B can then go back to C and sue them for providing a fraudulent license. A can go after B for using the content without a license, and B can, in turn, go after C for providing an essentially fraudulent license. A may also be able to go after C for, presumably, selling rights they didn't own and collecting funds to which they were not entitled.

You don't need to see any of the subagreements. You are not bound to them if they licensed content they were not allowed to license, and no subagreement can change the terms of the main agreement with you if you did not agree to the changes.

If your original agreement did not provide for web rights, and you're certain of that (reading all the fine print), if B is using your content on the web, then B is infringing your rights. The fastest solution is usually a DMCA request to B's ISP and to B's credit card processor to remove the infringing content. ISPs in most countries worldwide (with a few exceptions) will honor takedown requests for infringing content that is copyrighted in the US. You can then go after B to collect for unauthorized use. B will then go to C.

The fact that you first made a good faith attempt to let B know they were infringing, and that there was a problem, is a very good thing. When B refused to remove the content, or even to check if the licensing was valid, then B became a willful, intentional infringer, and loses the ability to claim that they were an innocent victim. B can, however, recover from C, if C sold them an unenforceable license.

I don't know what the facts of the situation are, but from reading the posts, it sounds like the scenario above is a reasonable description of what you are indicating has happened. I hope this helps.

axelez · 03-23-2008, 02:40 AM

Quote:

Originally Posted by Brandon Iron

You are welcome to sue us, we will not remove the

content, PERIOD.

Lance69 · 03-23-2008, 03:08 AM

Funny, I'm no lawyer, obviously. But AdultLicenses.com coming in to do damage control looks fuckin fishy. If they really had the rights to distribute internet rights, then why in the hell would anyone have a problem proving anything?
Maybe I'm too new to the world of fuck others as they would fuck you, but I wouldn't have a problem proving anything to anyone... unless I was doing something shady.

Brandon Iron · 03-24-2008, 02:04 PM

I apologize to anyone who has been offended by all of this. It is simply unacceptable to me to have signed a dvd distribution agreement which specifically reserves internet rights to me and then find out that I am being locked into an agreement which was brokered by others. Yes, Dani is correct about checks being cashed.....for dvd distribution in europe. I have never and would never dispute this. I remain grateful for all the help she and Cal Vista provided. That is not what we are talking about here.

I don't want this to be a long and protracted word battle. If legal advice is needed (and I think it is here), a professional should be contacted. If I did something wrong, fine. I will live with it. I don't think I did.

People who have more experience often learn things to do that benefit themselves at the expense of those with less experience. That's all I will say.

Enjoy and let's move on.

03-21-2008, 12:16 PM	#53
~Ray visit hardlinks.org Industry Role: Join Date: Jun 2003 Location: Las Vegas , Nv >>> [email protected] or icq 94994627 anytime Posts: 18,362	I have heard both sides and will decide this case soon. __________________ Adult Backlinks for Adult Websites - Testimonials Available

03-23-2008, 01:58 AM	#57
Gaybucks Confirmed User Join Date: May 2004 Location: Sacramento, CA Posts: 451	This isn't as complex as it sounds. The following applies to US copyright law, but is substantially the same in many other countries. If a copyright owner (person A) is alleging that someone (person B) is using his content without appropriate licensure, it is the responsibility of B to prove (via something in writing) to A that B does, in fact, have the rights to do what they are doing. B cannot get off the hook simply by saying an agreement exists but they won't provide it. A can take action, perhaps a DMCA request with the ISP, to get the content removed from the web. B must then prove that the use is not infringing. Now... if A made a license agreement with a distributor (C), but the agreement did not allow for sublicensing or web rights, then even if C gave a written agreement to B to license the content for the web, the agreement is not binding or enforceable, because C did not have the rights to license in the first place. So B's license agreement is meaningless and B must still remove the infringing content. B can then go back to C and sue them for providing a fraudulent license. A can go after B for using the content without a license, and B can, in turn, go after C for providing an essentially fraudulent license. A may also be able to go after C for, presumably, selling rights they didn't own and collecting funds to which they were not entitled. You don't need to see any of the subagreements. You are not bound to them if they licensed content they were not allowed to license, and no subagreement can change the terms of the main agreement with you if you did not agree to the changes. If your original agreement did not provide for web rights, and you're certain of that (reading all the fine print), if B is using your content on the web, then B is infringing your rights. The fastest solution is usually a DMCA request to B's ISP and to B's credit card processor to remove the infringing content. ISPs in most countries worldwide (with a few exceptions) will honor takedown requests for infringing content that is copyrighted in the US. You can then go after B to collect for unauthorized use. B will then go to C. The fact that you first made a good faith attempt to let B know they were infringing, and that there was a problem, is a very good thing. When B refused to remove the content, or even to check if the licensing was valid, then B became a willful, intentional infringer, and loses the ability to claim that they were an innocent victim. B can, however, recover from C, if C sold them an unenforceable license. I don't know what the facts of the situation are, but from reading the posts, it sounds like the scenario above is a reasonable description of what you are indicating has happened. I hope this helps. __________________ Gaybucks.com 100% exclusive American guys - hosted movie galleries - NATS - Boyfunk.com - Boysfeetclub.com - AJsCloset.com- SkylerDeVoss.com ICQ 272-995-402 Last edited by Gaybucks; 03-23-2008 at 02:00 AM..

03-23-2008, 03:08 AM	#59
Lance69 Confirmed User Join Date: Jan 2005 Location: Vancouver BC Posts: 2,266	Funny, I'm no lawyer, obviously. But AdultLicenses.com coming in to do damage control looks fuckin fishy. If they really had the rights to distribute internet rights, then why in the hell would anyone have a problem proving anything? Maybe I'm too new to the world of fuck others as they would fuck you, but I wouldn't have a problem proving anything to anyone... unless I was doing something shady. __________________ Sonarcash Competitive Content Shooting Handgasm HD Handjobs Janessa Jordan Ultimate Wife Make Money Fucking Blog ICQ: 307 975 028 lance {at} sonarcash {dot} com (<- Need amateur content? Email or ICQ)

03-24-2008, 02:04 PM	#60
Brandon Iron Confirmed User Join Date: May 2004 Location: Los Angeles Posts: 305	I apologize to anyone who has been offended by all of this. It is simply unacceptable to me to have signed a dvd distribution agreement which specifically reserves internet rights to me and then find out that I am being locked into an agreement which was brokered by others. Yes, Dani is correct about checks being cashed.....for dvd distribution in europe. I have never and would never dispute this. I remain grateful for all the help she and Cal Vista provided. That is not what we are talking about here. I don't want this to be a long and protracted word battle. If legal advice is needed (and I think it is here), a professional should be contacted. If I did something wrong, fine. I will live with it. I don't think I did. People who have more experience often learn things to do that benefit themselves at the expense of those with less experience. That's all I will say. Enjoy and let's move on. __________________ www.brandoniron.com [email protected] Last edited by Brandon Iron; 03-24-2008 at 02:05 PM..

03-21-2008, 06:14 AM	#51
Dennis Rodman So Fucking Banned Join Date: Jan 2005 Posts: 1,060

03-21-2008, 07:13 AM	#52
ilbb Confirmed User Industry Role: Join Date: May 2005 Location: EU - Czech republic Posts: 3,025	posting them on gfy is always good first step Ask your lawyer what to do next

03-21-2008, 12:31 PM	#55
Jace FBOP Class Of 2013 Industry Role: Join Date: Jan 2004 Location: bumfuck, ky Posts: 35,562	wow, sounds like calvista are real scumbags i can't believe they won't show the OWNER OF THE CONTENT the contract under which his titles are sold I would be contacting a lawyer about them before anything, sounds like they are the ones fucking you here