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#1 | |
Confirmed User
Join Date: Aug 2003
Posts: 7,082
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judge rules against the RIAA again
http://yro.slashdot.org/article.pl?n.../01/20/1320242
Quote:
if price goes down to zero, demand increases. The only sales lost are all those above the equilibrium point how decided not to buy. Of course having to now prove that point is going to make it a lot harder to get a conviction now. Stupid fucks should have made a reasonable guess about the true lost sales rather then try and defend the fundamentally stupid position that every download represents a lost sale. |
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#2 |
Too lazy to set a custom title
Join Date: Aug 2001
Location: portland, OR
Posts: 20,684
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The judge does make some sense. There are people who download a song/CD that would have never purchased it to begin with so you can't say if there were 10,000 downloads of a CD that it equals 10,000 lost sales. It does mean lost sales, but it is almost impossible to say how many lost sales it means.
That said it also means there are still 10,000 people that now own the CD and didn't pay for it which I feel is wrong. |
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#3 |
lol
Industry Role:
Join Date: Jan 2002
Posts: 15,969
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yeah I only download music that sucks, then I toss it.
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#4 |
GFY HALL OF FAME DAMMIT!!!
Join Date: Jan 2002
Location: that 504
Posts: 60,840
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before i could even buy music we were tading tapes in the midle of the eighties.
I guess we are all criminals for trading blank tape copies back then. LOL my first Misfits tape was a copy!!! Danzig 1 I had a copy too!!!
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#5 |
Too lazy to set a custom title
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I recall trading tapes making recordings off the radio. It was no issue then..
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#6 |
Porn Meister
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Join Date: Feb 2005
Posts: 16,443
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"it is true that someone who copies a digital version of a sound recording has little incentive to purchase the recording"
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#7 |
Fake Nick 1.0
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Join Date: Oct 2005
Location: Rent free, your head
Posts: 27,668
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This will all change very soon.
Obama picks RIAA's favorite lawyer for a top Justice post As a presidential candidate, Barack Obama won applause from legal adversaries of the recording industry. Stanford law professor Larry Lessig, the doyen of the "free culture" movement, endorsed the Illinois senator, as did Google CEO Eric Schmidt and even the Pirate Party. That was then. As president-elect, one of Obama's first tech-related decisions has been to select the Recording Industry Association of America's favorite lawyer to be the third in command at the Justice Department. And Obama's pick as deputy attorney general, the second most senior position, is the lawyer who oversaw the defense of the Copyright Term Extension Act--the same law that Lessig and his allies unsuccessfully sued to overturn. Obama made both announcements on Monday, saying that his picks "bring the integrity, depth of experience and tenacity that the Department of Justice demands in these uncertain times." The soon-to-be-appointees: Tom Perrelli for associate attorney general and David Ogden for deputy attorney general. Campaign rhetoric aside, this should be no surprise. Obama's selection of Joe Biden as vice president showed that the presidential hopeful was comfortable with someone with firmly pro-RIAA views. Biden urged the criminal prosecutions of copyright-infringing peer-to-peer users and tried to create a new federal felony involving playing unauthorized music. http://news.cnet.com/8301-13578_3-10133425-38.html
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#8 | |
GFY HALL OF FAME DAMMIT!!!
Join Date: Jan 2002
Location: that 504
Posts: 60,840
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Quote:
http://www.mtv.com/news/articles/159...fighters.jhtml Foo Fighters Slam McCain Campaign Over Unauthorized Use Of 'My Hero' "This isn't the first time the McCain campaign has used a song without making any attempt to get approval or permission from the artist," the statement reads. "It's frustrating and infuriating that someone who claims to speak for the American people would repeatedly show such little respect for creativity and intellectual property. The saddest thing about this is that 'My Hero' was written as a celebration of the common man and his extraordinary potential. To have it appropriated without our knowledge and used in a manner that perverts the original sentiment of the lyric just tarnishes the song. We hope that the McCain campaign will do the right thing and stop using our song — and start asking artists' permission in general."
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#9 | |
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Join Date: Aug 2003
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#10 | |
GFY HALL OF FAME DAMMIT!!!
Join Date: Jan 2002
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Posts: 60,840
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Quote:
but having a copy of a cd is NOT the same as owning it. I have over 2000 purchased CDs in my home right now and Id rather have those discs than a copy... i collect import music only, so the discs I buy are all $38 and up.
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#11 |
GFY HALL OF FAME DAMMIT!!!
Join Date: Jan 2002
Location: that 504
Posts: 60,840
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also, whats the take on used cd stores?
I spent sooo much money at Second Spin in LA every week, and bands do not get a cut, its all pre-used cd sales. Whats the take on that?
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#12 | |
Fake Nick 1.0
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Quote:
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#13 | |
Confirmed User
Join Date: Aug 2003
Posts: 7,082
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Quote:
more than 6 trillion dollar of the us economy is from fair use business. 1/6 of the people in the US are employed in fair use dependent industries. If arguements like fuck basic economics, every download counts as a lost sale bullshit is allowed to stand you can kiss all of those jobs good by. All i can say is thank god i am a canadian. |
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#14 | |
Too lazy to set a custom title
Join Date: Aug 2001
Location: portland, OR
Posts: 20,684
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Quote:
To me it the same mentality that has people keeping stuff around their house that they don't need. They have items that they haven't used in years and may never use again, but they won't throw it out. |
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#15 | |
Too lazy to set a custom title
Join Date: Aug 2001
Location: portland, OR
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#16 | |
Too lazy to set a custom title
Join Date: Aug 2001
Location: portland, OR
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Quote:
The bands don't get a cut, but I guess, in theory it is still only one copy of the CD in existence. The idea being if you own it and then sell it to a store and I buy it I now have it and you don't. Similar to buying a car. When you sell a used car the car manufacturer doesn't get a piece of the deal. In reality the seller often copies the CD then sells it. This is a lot more common now than it was 10-15 years ago. 15 years ago copying a CD was something most people didn't have the technology to do, now anyone with a computer can do it. |
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#17 | |
GFY HALL OF FAME DAMMIT!!!
Join Date: Jan 2002
Location: that 504
Posts: 60,840
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Quote:
I keep my compact discs in the plastic wrap they come in and just slice a slim cut in the side to slide the disc out LOL once i rip it, I dont ever play the disc again. keeps my collection mint. however in regards to selling cds to used stores, I knew people who did the same, wrked at music store, would take the promos and sell em to Second Spin. I dropped THOUSANDS in that store and its all used cds
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#18 |
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Join Date: Feb 2003
Location: Where The Teens Are
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Who can really say what someone would or would not have paid for had the alternative to obtain it without compensating the artist and distributors and song writers and publishers. You are taking the self serving word of the dishonest person who got the benefit of the product or service without having to pay for it. What do you think they are going to say? Theft of services and unjust enrichment have long been recognized in the common law for a reason. Try telling the cable company you were not going to pay when you get your illegal cable hookup. That's not a tangible product that you are depriving someone else of either but the penalties in many states are serious for pirating cable.
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#19 |
Jägermeister Test Pilot
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Join Date: Dec 2001
Location: NORCAL
Posts: 73,955
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This brings up a valid point. While the music industry loves to blame their poor sales for the past four years on illegal downloads, the truth is more like we did that years ago with cassettes.
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#20 | |
Leaner, Meaner, Faster
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Join Date: Aug 2002
Location: Vegas
Posts: 20,959
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Quote:
Instead of having music guys in charge they put "suits" in charge. Music became "product". Instead of finding the next Beatles, Rolling Stones, or Jimi Hendrix...we got stuck with Nickelback, rap, and anything else that they could figure out how to shove down our throats that was interchangeable with no talent. That being said...despite gideongalleries delusional longing for all of us to justify his primal urge to steal everything... There IS a big difference between making copies of something for yourself and a handful of your buddies as opposed to uploading stuff onto torrent sites so that some piece of shit can make millions off of your hard work. BIG difference. One day, when gideongallery leaves his parent's home and tries to make it in this world, he too will understand. Nah, he won't. ![]() |
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#21 | |
Too lazy to set a custom title
Join Date: Aug 2001
Location: portland, OR
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#22 |
So Fucking Banned
Join Date: Jul 2008
Location: Canadia
Posts: 2,222
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'although it is true that someone who copies porn has little incentive to purchase the porn through legitimate means, it does not necessarily follow that the downloader would have made a legitimate purchase if the porn had not been available for free.'
that sums everything up. replace music with porn. |
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#23 | |
So Fucking Banned
Join Date: Jul 2008
Location: Canadia
Posts: 2,222
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#24 | |
Confirmed User
Join Date: Aug 2003
Posts: 7,082
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Quote:
demand increases as price goes down so a lot of people who would have simply chose to not use the services at all would be mistakenly counted as buyers of the good. IF the torrents didn't exist i would never have watched my own worst enemy. I didn't start watching it until two different friends recommended it to me ( one because i mentioned i was looking forward to 24 and another when i mentioned burn notice) the show was over the season was done, only the last two episodes were available for streaming on globaltv.com if i hadn't downloaded the first episode and watched i would have never become a fan. comming to the conclusion that i would have bought the dvd boxed set when it comes out 6 months from now is insanely stupid arguement. |
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#25 |
null
Industry Role:
Join Date: May 2006
Posts: 9,820
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god, fuck the RIAA
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#26 |
lurker
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Join Date: Aug 2002
Location: atlanta
Posts: 57,021
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trading a cassette with a friend isnt the same as trading with 1 million people.
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#27 |
Confirmed User
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Join Date: May 2007
Posts: 7,348
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dont copy that floppy!!
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#28 |
Show Yer Tits!
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Join Date: Feb 2002
Location: Somewhere Out there...
Posts: 25,792
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It's funny to see the tables turned. I still remember having to buy an album of pure shit back in the day just to get 1 good song.
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#29 |
Hello world!
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Join Date: Mar 2003
Posts: 12,508
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The internet made it easy for somebody like me to sample music from artists I would consider buying but was unsure. I used to buy albums from groups and artists I had never heard of just because I was curious to listen to what kind of music was out there. I later learned that Hendrix used to do the same.
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#30 | |
Confirmed User
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#31 | |
Leaner, Meaner, Faster
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Quote:
Who cares if the artist gets paid? Who cares if we get paid for our work? This is GideonGalleries world baby! We only live in it! Get used to it. You better get with this new and improved GideonGallery world where everything is "time shifted" now before it's too late. Wait, strike that. It's never too late. Just upload this moment onto a torrent and time shift it. So later, when you come to your senses you can re-download it and have fair use! It's all so clear to me now. I don't do anything in real time anymore. I even used my DVR to record "Nip Tuck" the other day. But I didn't watch it. No, I uploaded it to a torrent. And NOW, when I feel like it...I will download it and watch it on my computer screen instead! See how much better that is Jim? Let me break it down to ya: gideongallery + living in his parents' basement in Canada + torrents X tubes = Communism! |
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#32 | |
Confirmed User
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#33 | |
I'm Lenny2 Bitch
Join Date: Mar 2001
Location: On top of my soapbox
Posts: 13,449
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Quote:
I don't see how that would help or hurt with a conviction.
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#34 | |
Leaner, Meaner, Faster
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#35 |
I'm Lenny2 Bitch
Join Date: Mar 2001
Location: On top of my soapbox
Posts: 13,449
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Bump for an answer
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#36 |
Choice is an Illusion
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![]() You know, you really are one seriously annoying faggot troll who gets his jollies off posting this bullshit on the board. You just like stirring the pot for no other purpose than to get people all worked up.
No one gives a flying fuck about your 'time shifting' bullshit, and as many threads have shown. No one is going to be persuaded to your fucked up concepts or ways of thinking. Fucking asshat. ![]() |
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#37 | |
GFY HALL OF FAME DAMMIT!!!
Join Date: Jan 2002
Location: that 504
Posts: 60,840
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Quote:
"US Courts citing Wikipedia" judge and homeland security cite wikipedia heheh
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#38 | |
Leaner, Meaner, Faster
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#39 | |
Confirmed User
Join Date: Aug 2003
Posts: 7,082
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Quote:
suppose i wrote a program that virtualized the video card and did a bit by bit copy of that data to file. I now have a shareable version of his encrypted stream video i setup a torrent site to service all the people that "Robbie refuses to sell too" before i let them access the torrent i put some kind of declartion that they don't want to buy his content under his streaming only rules. That could be a person who got suckered into buying because he doesn't clearly specify on his tour that it is streaming only all the way to the people who simply want to have the right to watch the movie they bought a viewing right after their membership is cancelled (timeshifting) The explictly declare they are not potential or actual customers. Now the act of providing the functionality is not an infringement (rule 4 of the fair use doctrine) i have not change the value of your copyright material ergo it falls under the fair use exemption ergo no copyright infringement Unless you get one of those people to admit the lied and were in fact replacing a membership they would have bought with the free offer of content i am providing. if you do, then i send them to jail for committing fraud, since i set my system to provide only to those outside the scope of your delivery of copyrighted material. This is a bit of an abuse of ruling, equating regionality restrictions to format restrictions but since you are deliberately denying an established fair use (timeshifting) using the same arguement that the court already ruled was invalid (you only get access at the time, i give you access) i didn't think it that bad. Odds are it will be use for movies pirated in a region where the content is not distributed ie (dr who confidential in canada/US). |
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#40 | |
GFY HALL OF FAME DAMMIT!!!
Join Date: Jan 2002
Location: that 504
Posts: 60,840
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Quote:
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#41 |
Confirmed User
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Posts: 2,921
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They should just appeal or whatever. Get a judge that isn't a complete idiot. If someone did something illegal then they did something illegal. If they were going to buy it or not makes no difference because they got it illegally and should pay the price. I guess one or two court cases out of a 100 or so you're gonna get some moron for a judge.
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#42 | |
I'm Lenny2 Bitch
Join Date: Mar 2001
Location: On top of my soapbox
Posts: 13,449
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Quote:
The judge rejected RIAA's argument that each infringing download is a lost sale. You said that would make it harder to get a conviction. I said, wouldn't that just affect the amount of actual damages were the RIAA to win the case, and not affect their ability to get a conviction?
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#43 | |
Leaner, Meaner, Faster
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Quote:
![]() Fuck. And yeah, I do realize how many people use wiki. I've kinda worked on the internet for the last 12 years or so and even us old geezers try to keep up with what the kids are doing these days. ![]() But as we both know, the wiki is what you make of it. It's written by clowns like us. No way to tell if the person who wrote each submission has any expertise in what he's writing about...or even if they are who they claim to be. Funny that anybody would use wikipedia as a reliable source for anything. Not saying there isn't good info on there. Just saying it's not vetted for facts. |
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#44 | |
Leaner, Meaner, Faster
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Join Date: Aug 2002
Location: Vegas
Posts: 20,959
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Quote:
It's fair use all the way baby! I'm next considering to declare that I am not and never will again buy groceries, clothing, cars, my internet connection, cable television.... Edit: After all they aren't losing any revenue since I just "declared" that I'm not gonna buy anything from them. This is genius! Gideongallery you are the best! |
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#45 | |
Choice is an Illusion
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#46 | |
I'm Lenny2 Bitch
Join Date: Mar 2001
Location: On top of my soapbox
Posts: 13,449
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BTW gideon, not to be an ass or anything, but if the only person breaking the law is the person downloading something they don't have a right to view (which is something you said in another thread)
Then what about Daniel Dove? Quote:
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#47 | |
GFY HALL OF FAME DAMMIT!!!
Join Date: Jan 2002
Location: that 504
Posts: 60,840
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Quote:
anyway, you do seem to place no value on wikipedia, you said "he uses wiki" as if it has no truth behind it, and is simply not the case and thats all I wrote. Im not here to argue the validity of wiki, however it is used as a reference, and thats all i aimed to prove.
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#48 |
Leaner, Meaner, Faster
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No! LOL! Grampland is a milf tgp. That's about it. Other than that I've ALWAYS ran general tgps and used to do enough teen niche traffic to be one of the biggest lightspeed cash affiliates (won a motorcycle from them)
And my point was "Yes" of course I know all about wikipedia. How the hell could I not. I WORK ON THE INTERNET lol The main thing I'm making money with these days is the big tit niche courtesy of claudia-marie.com But yeah, I still make sales with other programs for every niche there is. ![]() |
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#49 | |
Leaner, Meaner, Faster
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#50 |
GFY HALL OF FAME DAMMIT!!!
Join Date: Jan 2002
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Posts: 60,840
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working on the internet has zero to do with the fact that you seem to negate the fact that wiki uses references.
note: if a newspaper prints it and you cite it on wiki, its as good as when in senate chambers Senators use NY Times to drill politicians, its that simple really. but again, im not here to argue how valid wiki is, i just believe it is more valid than you make it to be.
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