all of your arguing is irrelevant


even if the law allows theft to flourish, it doesn't change the fact that some are basically stealing the content of others or implicitly allowing that theft to occur within their control, and that is wrong and should never be condoned :2 cents:

THis is the porn biz. If your hands are sparkly clean you are broke like me.
Quite frankly I wash my hands constantly and get them dirty to.

Its the nature of the beast in any industry yo...

I disagree with you

are you saying that you have to be a thief to have any success? you are making excuses for yourself...

there are many in the porn business that don't steal and are doing well, it is getting kind of lame to give a free pass to the worst thieves with your kind of "the porn biz is about being a scumbag" thinking

:2 cents:

Yes they are, but they avoid prosecution if they respond to the takedown request

If they weren't violating the copyright, you would not be able to order them to remove your content to begin with


The only thing in this case that is debatable, is to what extend the the tubesite KNOWINGLY violate your copyright, and how much they turn the blind eye to the problem.

That is the base of the lawsuits thats being prepared against sites like youtube now.

i suggest you read the law again

http://www.keytlaw.com/Copyrights/dmcalaw.htm

the law is written as an exemption of liablity under certain conditions

so at the time of publishing (storage included "publishing" based on ruling regarding hosting providers and websites) did they meet those conditions, if yes then they are exempt from the infringement liabilities (ergo they have not committed a crime yet)


nope they commited no crime because they met the conditions that made them exempt from the crime


still complying with the conditions of exemption ergo still not a crime

there were like more than 1/2 dozen people arguing that converting a file from media file format to flash was enough to get around the safe harbor provision

glad to see i am not the only one thinks those people were idiots (ok i don't think they were idiots just clutching at false hope because of a personal bias)

Welcome...




... to the past.

The Full part of that section is:

(1) In general. - A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider -

(A)

(i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;

(ii) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or

(iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;

(B) Does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity


See the part in bold?

Again - the cases being prepared against them atm. is to prove they are NOT doing enough to prevent this. And its the same section used to fight torrent trackers


Im off to bed - As I said many times before; nothing will change, because Profit is what drives people to break the law

Nah dude, I used to be just like you ranting about the faults of this industry. The faults are infinate, they are dubious and non ending.

However when you analyse everything you will find that all this effort falls directly into the same handful of guys that all sit at the same table and eat dinner and after that play cards. What I mean is these handful of people all know each other they all do business together and they all make money from it.

Things like this are just a part of the game and guys like you and me are merely pawns. They want to play little games on each other thats fine, they want to muscle one another for a little dominance thats fine but at the end of the day its the same guys making money time and time again.

Get used to it and know your place. You are not a Queen nor King nor even bishop on the board, you are merely a pawn or someone on the sidelines watching the game unfold.

You are not a part of this game nor am I we are observers thats it. One may deploy you for a task. You may get paid for some work. But by no means is calling the shots they make on forums like this will make a difference. If these guys wanted to change it they would. If these guys wanted to halt free porn to tube sites they would. If they wanted you to be rich... You would be.

as long as they have the traffic, they have the power

this is the stupidest statement you have made so far

universal got sued for wrongfully sending a take down request for a fair use of princes music.

the courts explictly ruled that the publishing of the video was NEVER a violation of copyright because it was clearly fair use of the copyrighted material.

If the law was written the way you claim it was (committing a crime then uncommitting a crime) at the time of the notice universal would not have been wrongfully sending down a take down request.

the reality is that no US law has a way to uncommit a crime, even if the criminal code changes so that an illegal activity is no longer illegal (statutory rape) you can be unconvicted just because the law you were charged with is no longer applies to new people charged with that act.

again you really need to read the lawsuit again becuase you have gotten it all wrong.
And the court cases where companies have gotten their fair use uses of copyrighted material put back after it was wrongfully taken down clearly prove that the infringment does not occur until after the tube site breaches the exceptory provisions.

the youtube case is all about proving that youtube breached one of those exceptory provisions.

I will quote myself, it seems he lives for you guys taking the bait and going back and forth with him.Tennis only works if someone hits the balls back.

Rest assured man...
I can gurantee you right now at this very minute in Los Angeles..

Guys from CAMS.com, Playboy and AVN, AFF and some Video Producers are eating dinner tonight at the same table and the guest of honor's are guys with tube scripts and other guys with traffic.

I assure you they are having a good time, they are laughing and working out plans for more ways to generate money.

Thats the nature of this biz get used to it.

the key word you are ignoring is directly
there is a huge difference between directly making money from infringing and making money indirectly from infringment (one is protected by safe harbor the other is not)

selling ads around videos that "could" copyright infringements, could be uploaded by the copyright holder, could be protected fair use distribution of copyright material (baby john stewart) etc has been ruled to be indirect profiting.

Unfortunatly that is so very true :2 cents:

Yep, pretty sad.

avn should hire banana bitch to rep them.