Why The DMCA Doesn't Apply To Illegal Tube Sites

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  • AlienQ - BANNED FOR LIFE
    best designer on GFY
    • Mar 2003
    • 30307

    #51
    Originally posted by V_RocKs
    The big programs own the big tubes...
    And there you have it.

    Throw in the fact that content sellers, DVD sellers are running around selling tube sites top notch DVD stuff just to throw into Tube sites where it is all viewed for free.

    Its gone beyond just theft to utter stupidity.

    And many of you wonder why you have hard time making a sale these days.

    Its a no brainer. You are all getting shafted in more ways than can be counted on a mutant with 20 arms with 10 fingers on each hand.
    Last edited by AlienQ - BANNED FOR LIFE; 01-27-2009, 04:57 PM.

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    • ElConquistador
      Confirmed User
      • Dec 2004
      • 520

      #52
      fighting the war across the pond is the problem.

      US or N. American webmasters who are taking part in or took part in piracy are getting the picture - it's just a matter of time before they're under fire.
      The European, Chinese, Russian, etc. webbies/companies, they think they're immune, because up until recently, none had really gotten any heat.

      Comment

      • Matt 26z
        So Fucking Banned
        • Apr 2002
        • 18481

        #53
        Originally posted by WiredGuy
        a great court case is to watch the Viacom vs YouTube as that will likely set a precedent.
        WG
        Originally posted by xxxjay
        Yep, for sure, that will be a game changer.
        Instead of pretending that everything will be alright once the tubes are tested in court, let's face some facts...

        "In a summary judgement issued today, Judge Howard Lloyd of the Northern California Federal District Court declared that online video site Veoh can not be held liable for copyright infringement in a case brought by the Io Group, an adult content producer better known as Titan Media."
        http://valleywag.gawker.com/5042796/...er-titan-media

        Court docs:
        http://www.docstoc.com/docs/1081750/Veoh-v-IO-Group

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        • Matt 26z
          So Fucking Banned
          • Apr 2002
          • 18481

          #54
          Originally posted by xxxjay
          I can understand them wanting to watch it, but waste that much time uploading? Come on.
          You obviously have no idea what lengths porn fans will go to. Seriously, some of these guys take their uploading and non-profit hobby blogs way way waaaay more seriously than the average GFYer does who is getting paid to do similar work.

          I know of someone who ran a very high traffic blog (on Blogspot no less) as a hobby and got close to the traffic levels of the largest legit site in that niche. How can that be? He eventually got his own domain and started pushing paysites after an affiliate program told him that there was money in porn.

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          • xxxjay
            Tube groupie.
            • Aug 2002
            • 13482

            #55
            Originally posted by Matt 26z
            You obviously have no idea what lengths porn fans will go to. Seriously, some of these guys take their uploading and non-profit hobby blogs way way waaaay more seriously than the average GFYer does who is getting paid to do similar work.

            I know of someone who ran a very high traffic blog (on Blogspot no less) as a hobby and got close to the traffic levels of the largest legit site in that niche. How can that be? He eventually got his own domain and started pushing paysites after an affiliate program told him that there was money in porn.
            I don't agree with that.
            http://donttellmehowtoruinmylife.com/ - http://www.jmdigitalmarketing.com/my...s-and-reviews/ - http://www.wouldyouhitit.org - http://shinyobjectreviews.com/

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            • Zorgman
              Confirmed User
              • Aug 2002
              • 6103

              #56
              Matt, thats the one I was talking about

              "In the end, it's a big win for Veoh and for other online video sites ? users can upload all the copyrighted ass-fucking they want, but as long as they follow standard DMCA procedure, they can rest assured that they won't be held liable."


              Originally posted by Matt 26z
              Instead of pretending that everything will be alright once the tubes are tested in court, let's face some facts...

              "In a summary judgement issued today, Judge Howard Lloyd of the Northern California Federal District Court declared that online video site Veoh can not be held liable for copyright infringement in a case brought by the Io Group, an adult content producer better known as Titan Media."
              http://valleywag.gawker.com/5042796/...er-titan-media

              Court docs:
              http://www.docstoc.com/docs/1081750/Veoh-v-IO-Group
              ---

              Comment

              • Matt 26z
                So Fucking Banned
                • Apr 2002
                • 18481

                #57
                Originally posted by xxxjay
                I don't agree with that.
                I'm torn on it myself.

                If it's a clueless surfer who wants to turn his empire into something legit after coming across new information about the industry, I'm ok with that.

                ..... but if we are talking about webmasters who think they can lurk in the shadows and build up traffic on a stolen content site and then go legit, that should follow those webmasters around forever.

                I had found this from the buy & sell forum to be interesting, but I don't think GFY made an issue about it:

                http://www.gofuckyourself.com/showthread.php?t=836144

                Originally posted by Jace
                BESTPORNTORRENTS.COM - previous porn torrent site, torrent software trial expired if you purchase the downnova torrent script with this I will include the design and database that I built up for this site, it is at over 100,000 torrents

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                • AlienQ - BANNED FOR LIFE
                  best designer on GFY
                  • Mar 2003
                  • 30307

                  #58
                  Originally posted by Matt 26z
                  but if we are talking about webmasters who think they can lurk in the shadows and build up traffic on a stolen content site and then go legit, that should follow those webmasters around forever.

                  http://www.gofuckyourself.com/showthread.php?t=836144
                  But they do go legit they become prime sponsors on the boards and everyone starts to love them. Its happened many times already.

                  Comment

                  • donnylong
                    So Fucking Banned
                    • Mar 2007
                    • 2164

                    #59
                    Originally posted by gideongallery
                    you do realize spidering another user submitted tube site for submissions and using them as a base still constitutes user submitted content
                    that the easiest way to start one of these tube sites, and it is still protected by the DMCA as long as you take it down when the request comes in.
                    Is there somewhere we can look this up?

                    Comment

                    • doridori
                      So Fucking Banned
                      • Jul 2008
                      • 2222

                      #60
                      Originally posted by Ozarkz
                      Youtube is ALL user submits and everyone knows that and it's legit. Youtube goes to great lengths to remove copy written video and audio. Because the companies have gone after them HARD.
                      bullshit. you find all sorts of full length movies and tv shows on there.

                      Comment

                      • mynameisjim
                        Confirmed User
                        • Aug 2007
                        • 2985

                        #61
                        One legal angle might be to attack the post roll ads that illegal tube sites run for dating sites.

                        Youtube will not run ads in any part of a video that it is not from a trusted source because even they know they will have no DMCA protection if they do that.

                        Illegal tube sites run pre and post roll ads on copyrighted content. That appears to not be protected by DMCA no matter who uploaded it.
                        jim (at) amateursconvert . com Amateurs Convert

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                        • doridori
                          So Fucking Banned
                          • Jul 2008
                          • 2222

                          #62
                          Title II: Online Copyright Infringement Liability Limitation Act
                          DMCA Title II, the Online Copyright Infringement Liability Limitation Act ("OCILLA"), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material (or remove such material from their systems) if they receive a notification claiming infringement from a copyright holder or the copyright holder's agent. OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users, if the material upon notice from such users claiming that the material in question is not, in fact, infringing. OCILLA also provides for subpoenas to OSPs to provide their users' identity.
                          Last edited by doridori; 01-27-2009, 06:36 PM.

                          Comment

                          • xxxjay
                            Tube groupie.
                            • Aug 2002
                            • 13482

                            #63
                            Originally posted by mynameisjim
                            One legal angle might be to attack the post roll ads that illegal tube sites run for dating sites.

                            Youtube will not run ads in any part of a video that it is not from a trusted source because even they know they will have no DMCA protection if they do that.

                            Illegal tube sites run pre and post roll ads on copyrighted content. That appears to not be protected by DMCA no matter who uploaded it.
                            Yeah, actually youtube is very proactive about copyright violations. I helped this girl I know upload a video of her dance troupe. It was 100% legit on the video, but it used a Billy Squire song as the soundtrack. Youtube pulled the video in less than 10 minutes and made her repost the video with pre-approved / really lame audio from youtube soundtrack.

                            So they are out there trying to put a cap on copyright violations.
                            http://donttellmehowtoruinmylife.com/ - http://www.jmdigitalmarketing.com/my...s-and-reviews/ - http://www.wouldyouhitit.org - http://shinyobjectreviews.com/

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                            • doridori
                              So Fucking Banned
                              • Jul 2008
                              • 2222

                              #64
                              i alwayswatch all the asian movies and japanese drama on youtube. so whats this, youtube is racist ?

                              Comment

                              • xxxjay
                                Tube groupie.
                                • Aug 2002
                                • 13482

                                #65
                                Originally posted by doridori
                                i alwayswatch all the asian movies and japanese drama on youtube. so whats this, youtube is racist ?
                                Maybe they don't know?
                                http://donttellmehowtoruinmylife.com/ - http://www.jmdigitalmarketing.com/my...s-and-reviews/ - http://www.wouldyouhitit.org - http://shinyobjectreviews.com/

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                                • JustDaveXxx
                                  I AM JUSTDAVE !
                                  • Feb 2005
                                  • 4111

                                  #66
                                  As always you are so dead on!!


                                  We need to find them, hold them and punch them!! I am a firm believer that Violence solves %95 of the worlds problems.
                                  Last edited by JustDaveXxx; 01-28-2009, 04:26 PM. Reason: spelling


                                  Smut Peddler Productions.com
                                  ICQ #378-696-435 / / Skype: JustDaveXxx
                                  "We shoot custom, exclusive content your way"

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                                  • Tippy
                                    Confirmed User
                                    • Oct 2003
                                    • 1772

                                    #67
                                    I also believe its the illegal site owners themselves in most cases whom are uploading the stolen/illegal content... but heres the ?... they get their content from Torrents/Forums which is user submitted stuff... thus wouldnt they still be protected under dcma if they are simply downloading/uploading this stuff to their tube/site?

                                    Kinda like the example of leeching/spidering content from another site...

                                    Sure he is uploading the content himself but as far as he could know this stuff is ok to be shared thus making it ok to use or at least thus covering his ass with dcma. I mean if it was being shared elsewhere it must be ok to use/share. Like couldnt he pass the buck (problem) onto the original place/user that uploaded the content in the first place.

                                    Sorry if my post goes in circles, trying to word it right.
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                                    • xxxjay
                                      Tube groupie.
                                      • Aug 2002
                                      • 13482

                                      #68
                                      Originally posted by JustDaveXxx
                                      As always you are so dead on!!


                                      We need to find them, hold them and punch them!! I am a firm believer that Violence solves %95 of the worlds problems.
                                      Everyone knows that 95% of the 95% of problems settled with violence can be settled with more violence, you can use stats and statistics to prove anything -- 75% of people know that.
                                      http://donttellmehowtoruinmylife.com/ - http://www.jmdigitalmarketing.com/my...s-and-reviews/ - http://www.wouldyouhitit.org - http://shinyobjectreviews.com/

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                                      • wjxxx
                                        So Fucking Banned
                                        • Feb 2005
                                        • 4448

                                        #69
                                        In my opinion the biggest porn tubes like redtube, pornhub, youporn etc. ARE NOT under the safe harbour of the user submitted content. When you upload movie to youtube.com it is listed instantly. When you upload movie to porn tubes it is listed after someone accepted it. I did simple tests

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                                        • Tippy
                                          Confirmed User
                                          • Oct 2003
                                          • 1772

                                          #70
                                          But do they have to screen every clip and decide for themselves if its legal or not or can they just figure it was uploaded so it must be ok to use... im sure in their terms it has something about the material being submitted must be legal thus if their members follow the rules why would they have to screen each/every clip?
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                                          • xxxjay
                                            Tube groupie.
                                            • Aug 2002
                                            • 13482

                                            #71
                                            Originally posted by Tippy
                                            But do they have to screen every clip and decide for themselves if its legal or not or can they just figure it was uploaded so it must be ok to use... im sure in their terms it has something about the material being submitted must be legal thus if their members follow the rules why would they have to screen each/every clip?
                                            Of course they have to look at every clip of there would be CP all over those fuckers for sure by now. If you are looking at some Jenna Jameson video you know you don't own and have no right to, but post to gain traffic to your site - that is where the line is crossed.

                                            Just my opinion.

                                            http://donttellmehowtoruinmylife.com/ - http://www.jmdigitalmarketing.com/my...s-and-reviews/ - http://www.wouldyouhitit.org - http://shinyobjectreviews.com/

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