Lawsuit filled against a tube owned site outside of US

[CarlosTheGaucho]

Hope it wasn't posted before:

SAN FRANCISCO - IO Group Inc., the parent company of Titan Media, has filed a $2.7 million copyright-infringement lawsuit against British company GLBT Ltd., parent of gay video-sharing sites GayForIt, ItsAllGay and JerkYourTube.

The lawsuit, filed Aug. 11 in the U.S. District Court for the Northern District of California, alleges GLBT Ltd. and 25 unknown others intentionally and vicariously infringed Titan copyrights, induced others to infringe Titan copyrights, violated Titan's trademark rights and misappropriated Titan's right of publicity. In addition, the suit alleges GLBT Ltd. engaged in unfair business practices under the laws of the state of California because the site does not adhere to the labeling requirements outlined in 18 USC §2257.

the rest:

http://avn.com/gay/articles/31765.html

[nnweb]

sig spot

[seeandsee]

thanks god

[bloggingseo]

This ought to be interesting

[After Shock Media]

Expect many more such suits in the very near future. Sales have been declining for many companies and it was just a matter of time before litigation became part of the business plan.

[VicD]

here we go

[RP Fade]

let's see how this unfolds

[Tat2Jr]

Between the bandwidth and the legal bills hopefully it just won't be worth it in the future.

[papill0n]

nice to see someone taking some action

[jollyperv]

Do tube sites really have a fucking case for defense?

[Bossman]

Originally Posted by Tat2Jr

Between the bandwidth and the legal bills hopefully it just won't be worth it in the future.

Yes, and add the new international coalition against copyright infringement with new strong enforcement of copyright laws it will make the current illegal tube site model + their sponsors days numbered.

http://en.wikipedia.org/wiki/Anti-Co...rade_Agreement

What the fuck did the illegal tube site owners think? That politcians would let the entire intellectual property market go bankrupt, because tubes found a way to bypass the intention of the current copyright laws?

[MoreMagic]

[mrwilson]

About fucking time!

[AlienQ - BANNED FOR LIFE]

Why are the fags only ones throwing down Lawsuits these days?

Straight tubes should have been filed on a long time ago. There is something moral to learn from this but I am not sure what.

At anyrate congrats to the homos!

[Antonio]

lets see how this one goes down

[Jeka]

Originally Posted by CarlosTheGaucho

In addition, the suit alleges GLBT Ltd. engaged in unfair business practices under the laws of the state of California because the site does not adhere to the labeling requirements outlined in 18 USC §2257.

the rest:

http://avn.com/gay/articles/31765.html

How can a company based in GB break laws in California?

[bobby666]

good news !!!

[Why]

Jeka... ever heard of copyright treaties? i guess you never read the warning at the beginning of almost every movie in existence very carefully.

im sure they will win, the UK courts seem to always agree with the copyright holder and they have a history of taking care of this shit in the UK.

[mattz]

dmca protected

[TarPy]

DMCA won't save you when using the 24 hour window is your established business model.

A lot of lines use the words "Good faith belief" and when you are a repeat offender, your claims to "good faith" become tenuous.

[crockett]

Good to see someone is taking some action.

[V_RocKs]

Great.. the only ones with any balls to do anything are gay.

[Matt 26z]

Originally Posted by mattz

dmca protected

From the article, which you obviously didn't read.

------------
According to Webb, charging for access to the videos submitted by other users sets GLBT Ltd.'s websites apart from most other so-called "tube sites" - and Webb said Titan counsel Gill Sperlein believes the distinction disqualifies GLBT Ltd. from protection under ISP safe-harbor provisions of the Digital Millennium Copyright Act.

GayForIt offers a "free seven-day account that requires you upload content, but then up-charges $29.95 for full-access memberships," Webb said. "The site ... clearly is not a service provider as defined by the DMCA. They do not qualify for DMCA safe harbor protection and are fully liable for all the content on their website."
-------------



Titan also has a history of going after the actual uploaders (probably the "25 unknown others" in the article), something nobody else in adult does.

Sam Brownback (R-Kansas) had a problem with that in 2003 when he said:
-------------
At Wednesday's hearing, Brownback noted that adult content provider Titan Media filed a subpoena in July to get names of 59 SBC subscribers suspected of trading Titan's adult content on peer-to-peer services.

"I support strong protections of intellectual property, but I cannot in good conscience support any tool such as the DMCA information subpoena that can be used by pornographers, and potentially even more distasteful actors, to collect the identifying information of Americans, especially children," Brownback said.

http://www.pcworld.com/article/11253...a_tactics.html
------------




Normally I'm on the side of "web 2.0" sites and want to see only the surfers who uploaded it sued, but just look at these sites...... they are requiring surfers to upload two 5+ minute videos and pretty much all of it looks like professional porn. A legit tube site is either all hand picked by the webmaster, or all homemade amateur uploads with little infringements. The company behind these sites here deserves to be sued.

[The Duck]

I hate tube sites.

[Holly]

Originally Posted by V_RocKs

Great.. the only ones with any balls to do anything are gay.

All the good ones are gay. Women have known this forever.


And nothing will come of this. Getting rid of illegal sites/content on the net is like ending poverty or achieving world peace. Noble idea, but never gonna happen.

[Spudstr]

There needs to be a domestic vs domestic law suit, not one overseas. Even if domestic wins they will have a default judgement, whoop de do it wont prevent them, if they are hosted in the US, they will probably just move to a EU carrier.

See E360 media VS spamhaus. E360 wins default judgement, spamhaus could careless.

[DARKHORSERIDER]

Right guys lets all buy some gay content and hope a gay tube site infringes us, then sue their ass!lol

[k0nr4d]

Originally Posted by CarlosTheGaucho

In addition, the suit alleges GLBT Ltd. engaged in unfair business practices under the laws of the state of California because the site does not adhere to the labeling requirements outlined in 18 USC §2257.

That's like saying "I'm in a country where websites are forbidden. I'm going to sue you for having a website". The laws of the state of california do not apply to the UK.

[d-null]

going after the uploaders is a great idea, it will work much better in porn than it did for the music industry... the stigma alone of the surfer's fear of being dragged into court under charges related to pornography would be a major blow to the surfer file-stealing-sharing boards

file lawsuits and force them to turn over the ip identity of the uploaders and sue a few dozen of them and you will end most of the casual "sharing" in a big hurry

[xxweekxx]

dont get too excited.. nothing's gonna come out of this

[CarlosTheGaucho]

Originally Posted by k0nr4d

That's like saying "I'm in a country where websites are forbidden. I'm going to sue you for having a website". The laws of the state of california do not apply to the UK.

It's not that simple:

If you commit a crime in a foreign country and / or to a foreign subject, its laws apply to you.

I suppose it's the same thing as if you would breach an international contract and wouldn't have the jurisdiction set in it - the jurisdiction of those, its copyrighted work was infridged / side that was damaged is beeing applied.

All the civilised states in the world have also these international copyright treaties in place they should respect, well needless to say it will be much easier to come to a resolution when a UK registered subject is in the game than in case of a subject registered in China.

[WarChild]

Originally Posted by Holly

And nothing will come of this. Getting rid of illegal sites/content on the net is like ending poverty or achieving world peace. Noble idea, but never gonna happen.

[GatorB]

Originally Posted by k0nr4d

That's like saying "I'm in a country where websites are forbidden. I'm going to sue you for having a website". The laws of the state of california do not apply to the UK.

Then how come UK gambling sites can't cater to Americans when ther sites are 100% legal in the UK? The fact is the owner of such a site that did in fact take bets from Americans would be arrested as soon as he ever stepped foot on American soil if he ever decided to come here. Now once again a UK citizen operating a site in the UK where is it 100% legal, but can still be arrested for breaking American laws. EXPLAIN.

[CarlosTheGaucho]

Originally Posted by TarPy

DMCA won't save you when using the 24 hour window is your established business model.

A lot of lines use the words "Good faith belief" and when you are a repeat offender, your claims to "good faith" become tenuous.

Correct,

It wouldn't take a Matlock to prove these sites are INTENTIONALLY enabling and some even enforcing copyright infridgement as a part of their "business" model.

[Bossman]

I do not understand those who have already given up? Politicians from these nations: United States, EU, Japan, Switzerland, Australia, New Zealand, South Korea, Canada, and Mexico are working on new rules/laws to fight piracy via the Anti-Counterfeiting Trade Agreement, and judges are not stupid people. Sure there will always be content theft around, but the "wild west days" will end, and those that hang on, and invest wisely in good brands, content, and traffic will still make money

[tranza]

Any chance they will get their money??

[Violetta]

interesting...

[SmokeyTheBear]

Originally Posted by Jeka

How can a company based in GB break laws in California?

same way some dude from wales gets busted with cocaine in hollywood.

[titanmen]

AlienQ- "Why are the fags only ones throwing down Lawsuits these days?"

Who the fuck are you calling a fag???? You need to watch your fucking mouth and show a little common decency and respect. That's like throw the N-bomb.

And why doesn't anyone else in here have the balls to stand up and say something? If he had used the N-word people would be flipping out. To us "fags" this is no different then the N-word!

Here we are trying to do something good for the entire industry and we get called "fags"! Real fucking nice, thanks!

Keith Webb
Fag Vice President
Titan Fag Media

[andrej_NDC]

Originally Posted by Jeka

How can a company based in GB break laws in California?

Probably because they show the content also to California surfers. If they want to follow UK laws only, they should restrict access to the site to any other than UK IPs.

[Bossman]

Originally Posted by titanmen

And why doesn't anyone else in here have the balls to stand up and say something? If he had used the N-word people would be flipping out. To us "fags" this is no different then the N-word!

I found AlienQ´s post to stupid to respond to

[Socks]

Originally Posted by Holly

All the good ones are gay. Women have known this forever.


And nothing will come of this. Getting rid of illegal sites/content on the net is like ending poverty or achieving world peace. Noble idea, but never gonna happen.

I hear what you're saying, but I disagree.. As soon as there's a chance people could go to jail or have their life financially ruined lots of them will stop. It's all fun and games until people start going to jail.

[Socks]

Originally Posted by titanmen

AlienQ- "Why are the fags only ones throwing down Lawsuits these days?"

Who the fuck are you calling a fag???? You need to watch your fucking mouth and show a little common decency and respect. That's like throw the N-bomb.

And why doesn't anyone else in here have the balls to stand up and say something? If he had used the N-word people would be flipping out. To us "fags" this is no different then the N-word!

Here we are trying to do something good for the entire industry and we get called "fags"! Real fucking nice, thanks!

Keith Webb
Fag Vice President
Titan Fag Media

I've been saying for years that fag is the new N word. There will be a time soon when a lot of people will just look at you like wtf when you call someone a fag. I gotta admit it's pretty ingrained from the high school level though, and it doesn't necessarily mean you hate gay people.. some people just act like fags y'know?

I mean cmon, flamboyant gay people are JUST as funny as fat chicks, and retarded people, cross dressers and almost as funny as really ugly people.

However, I think your company is standing front and center for the industry, thanks for making a stand. I'm making my first gay site right now actually, I want a piece of that multi coloured pie!

[AlienQ - BANNED FOR LIFE]

Originally Posted by titanmen

AlienQ- "Why are the fags only ones throwing down Lawsuits these days?"

Who the fuck are you calling a fag???? You need to watch your fucking mouth and show a little common decency and respect. That's like throw the N-bomb.

And why doesn't anyone else in here have the balls to stand up and say something? If he had used the N-word people would be flipping out. To us "fags" this is no different then the N-word!

Here we are trying to do something good for the entire industry and we get called "fags"! Real fucking nice, thanks!

Keith Webb
Fag Vice President
Titan Fag Media

Don't get mad at being called a fag. You got shame in it?
It's a typical lifestyle really and most fags call each other fags to. It aint a big deal, unless you are the type to live in shame? I somehow doubt it though. I mean no disrespect and I am sorry if you are uncomfortable with the term but the term is not going away and it's 2008.

I am also all for uncensoring the term hahahahahaha. Cuz hahahahahahas always hahahahahahas to, white people call hahahahahahas hahahahahaha also and in many cases face to face as they are friends.

Hey hahahahahahas even call us white's Crackers on the radio, so if you got a problem with Fag and hahahahahaha its not my problem.

So step off your little ghey soap box and get with the times.

[<<E A T R O A D K I L L>>]

Originally Posted by Holly

And nothing will come of this. Getting rid of illegal sites/content on the net is like ending poverty or achieving world peace. Noble idea, but never gonna happen.

Sounds about right. And even if tube sites as we know them now will be banned there will be another system of giving out copyright content. All the idiots on gfy will go nuts again when this happens and call it the end of the adult business...again.

99% of the tube bashers are people who are about to go broke and blame everyone else for their own failures.

I highly doubt that most people who cry about tubes all the time have actually lost 1 sale because of tubes.

[<<E A T R O A D K I L L>>]

Originally Posted by titanmen

Keith Webb
Fag Vice President
Titan Fag Media

Wait, you just called yourself a fag?

Anyway, girl, dont get your panties in a bunch! Its only Alienq. He actually sucked dick for money.

[marketsmart]

nothing will come out of this... FACT...

anyway, the british company was dumb for:

A. charging a membership fee..
B. hidding the ownership of their company

illegal tubes are here to stay... get used to it...

[Pornwolf]

Originally Posted by V_RocKs

Great.. the only ones with any balls to do anything are gay.

By definition they are the ones with the most balls.

[Socks]

Originally Posted by GatorB

Then how come UK gambling sites can't cater to Americans when ther sites are 100% legal in the UK? The fact is the owner of such a site that did in fact take bets from Americans would be arrested as soon as he ever stepped foot on American soil if he ever decided to come here. Now once again a UK citizen operating a site in the UK where is it 100% legal, but can still be arrested for breaking American laws. EXPLAIN.

Explanation: The USA is run by a bunch of controlling self-preserving nazis.

[AlienQ - BANNED FOR LIFE]

Yummi hot Issues, now the Fags think the term is equivilant to hahahahahaha.

Jesus fucking christ, when we getting the first Gay President. Humm?

Any rate get over it stop being so pretentious.