so many illegal tube sites

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  • the.drunk
    Confirmed User
    • Apr 2009
    • 712

    #1

    so many illegal tube sites

    i see trade threads for "legal" only tubes but thread starter is clueless himself with illegal tube owned by him, every tube is illegal you think is legal and every tube you say is illegal is really for fact legal under US law

    legal tube = organic; user submitted only; follows dmca

    illegal tube = sponsor imported videos; videos added by admin; no 2257 docs (you need them when upload yourself or sponsor import); not protected by dmca; using script that import databases of videos for you



    i am no lawyer but i pay hefty price to one and this is how i have been advised

    if you for fact upload, import, take down with out receiving dmca notice you are for fact owner of illegal tube if you for fact do not have all proper 2257 docs for all content found on your tube site

    i just thought i would share so there is no excuse when doj and fbi come for inspection


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  • Splum
    Confirmed User
    • May 2003
    • 6195

    #2
    You idiot all tubes are LEGAL unless you prove they specifically upload illegal material. What the fuck do you think Youtube is? How can you motherfuckers make money in this business when you are so fucking stupid?

    Comment

    • the.drunk
      Confirmed User
      • Apr 2009
      • 712

      #3
      Originally posted by Splum
      You idiot all tubes are LEGAL unless you prove they specifically upload illegal material. What the fuck do you think Youtube is? How can you motherfuckers make money in this business when you are so fucking stupid?
      you just said what i said but shorter


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      • Killswitch - BANNED FOR LIFE

        #4
        Oh man, this is gonna be a doozy.

        Comment

        • Splum
          Confirmed User
          • May 2003
          • 6195

          #5
          Originally posted by the.drunk
          you just said what i said but shorter
          No... I really didnt.

          Comment

          • the.drunk
            Confirmed User
            • Apr 2009
            • 712

            #6
            Originally posted by Splum
            No... I really didnt.
            then you are clueless

            for fact if tube does not have upload option they are illegal for fact a tube that has upload option is full of huge movies but has solid dmca policy is legal, for fact if tube site is using sponsor imported content it is illegal unless they in fact have there 2257 docs in order


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            • Killswitch - BANNED FOR LIFE

              #7
              Originally posted by the.drunk
              then you are clueless

              for fact if tube does not have upload option they are illegal for fact a tube that has upload option is full of huge movies but has solid dmca policy is legal, for fact if tube site is using sponsor imported content it is illegal unless they in fact have there 2257 docs in order

              Comment

              • the.drunk
                Confirmed User
                • Apr 2009
                • 712

                #8
                read to understand http://www.copyright.gov/legislation/dmca.pdf


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                • Splum
                  Confirmed User
                  • May 2003
                  • 6195

                  #9
                  Originally posted by the.drunk
                  for fact if tube does not have upload option they are illegal for fact a tube that has upload option is full of huge movies but has solid dmca policy is legal, for fact if tube site is using sponsor imported content it is illegal unless they in fact have there 2257 docs in order
                  For fact I dont understand engrish.

                  Comment

                  • Ozarkz
                    So Fucking Banned
                    • Jan 2009
                    • 2377

                    #10
                    The o.p is slightly confused.

                    Comment

                    • the.drunk
                      Confirmed User
                      • Apr 2009
                      • 712

                      #11
                      more for read http://www.zei2257.com/FR-28CFR75-20081218.pdf


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                      • escoman
                        Confirmed User
                        • Jun 2004
                        • 597

                        #12
                        Originally posted by the.drunk
                        then you are clueless

                        for fact if tube does not have upload option they are illegal for fact a tube that has upload option is full of huge movies but has solid dmca policy is legal, for fact if tube site is using sponsor imported content it is illegal unless they in fact have there 2257 docs in order
                        mm, what we call "illegal tubes" (user uploads) are protected by dmca. what we call "legal" tubes (imported vids) need 2257 docs, but what sponsors doesn't have 2257? There's no problem to argue about.
                        Porn

                        Comment

                        • the.drunk
                          Confirmed User
                          • Apr 2009
                          • 712

                          #13
                          read some more http://www.usdoj.gov/criminal/optf/l...nce-guide.html


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                          • BFT3K
                            Too lazy to set a custom title
                            • Dec 2005
                            • 10764

                            #14
                            I'm with the drunk on this one!

                            Either you are allowing users, and ONLY users, to upload content, or you are uploading as the owner of the tube, at which point you require docs to be 2257 compliant.

                            I'm just waiting for an adult tube site DOJ inspection. It should be VERY interesting!

                            Comment

                            • the.drunk
                              Confirmed User
                              • Apr 2009
                              • 712

                              #15
                              Originally posted by escoman
                              mm, what we call "illegal tubes" (user uploads) are protected by dmca. what we call "legal" tubes (imported vids) need 2257 docs, but what sponsors doesn't have 2257? There's no problem to argue about.
                              you are correct but many site owners are not owned by sponsors they are owned by affiliates and they do not have 2257 docs and there for are illegal



                              i no argue here i am just stating some facts for the people to know i would hate for nice legit and honest webmasters to get trouble because they have been misinformed or uninformed


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                              • the.drunk
                                Confirmed User
                                • Apr 2009
                                • 712

                                #16
                                Originally posted by BFT3K
                                I'm with the drunk on this one!

                                Either you are allowing users, and ONLY users, to upload content, or you are uploading as the owner of the tube, at which point you require docs to be 2257 compliant.

                                I'm just waiting for an adult tube site DOJ inspection. It should be VERY interesting!
                                it is really as simple as that


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                                • the.drunk
                                  Confirmed User
                                  • Apr 2009
                                  • 712

                                  #17
                                  best read so far easy for you to comprehend http://www.xbiz.com/articles/legal/90152


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                                  • MIS
                                    Confirmed User
                                    • Jan 2005
                                    • 127

                                    #18
                                    Originally posted by the.drunk
                                    best read so far easy for you to comprehend http://www.xbiz.com/articles/legal/90152
                                    On the page I read

                                    "This online business method seems to be the latest rage in the industry, with about half of our firm's clients looking to sue an adult tube site and the other half looking to open one."

                                    No matter what happens in this world, LAWYERS always make money somehow, from both sides of the fence. LOL. I <3 lawyers

                                    Do You Have USA Traffic? I want to buy ad space on your site(s).
                                    Get paid fair market value. Serious sellers with a minimum of 20K daily USA visitors.
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                                    • BFT3K
                                      Too lazy to set a custom title
                                      • Dec 2005
                                      • 10764

                                      #19
                                      The internet is not a big truck.

                                      You cannot just dump tons of free porn on it.

                                      The internet is a series of tubes...

                                      http://www.youtube.com/watch?v=-MWKsXO4FZw

                                      Comment

                                      • the.drunk
                                        Confirmed User
                                        • Apr 2009
                                        • 712

                                        #20
                                        Originally posted by MIS
                                        On the page I read

                                        "This online business method seems to be the latest rage in the industry, with about half of our firm's clients looking to sue an adult tube site and the other half looking to open one."

                                        No matter what happens in this world, LAWYERS always make money somehow, from both sides of the fence. LOL. I <3 lawyers


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                                        • the.drunk
                                          Confirmed User
                                          • Apr 2009
                                          • 712

                                          #21
                                          Originally posted by BFT3K
                                          The internet is not a big truck.

                                          You cannot just dump tons of free porn on it.

                                          The internet is a series of tubes...

                                          http://www.youtube.com/watch?v=-MWKsXO4FZw
                                          the internet is "tubes"


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                                          • brassmonkey
                                            Pay It Forward
                                            • Sep 2005
                                            • 77396

                                            #22
                                            i dont like police
                                            TRUMP 2026 KEKAW!!! - The Laken Riley Act Is Law!
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                                            • TeenCat
                                              Too lazy to set a koala
                                              • Jan 2007
                                              • 16139

                                              #23
                                              oooh another drama self loving newbie or fake nick ...

                                              6bot
                                              / Coming again very soon!
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                                              • brassmonkey
                                                Pay It Forward
                                                • Sep 2005
                                                • 77396

                                                #24
                                                Originally posted by TeenCat
                                                oooh another drama self loving newbie or fake nick ...
                                                damn you using those cross hairs
                                                TRUMP 2026 KEKAW!!! - The Laken Riley Act Is Law!
                                                DACA ENDED - SUPPORT AZ HCR 2060 52R - email: brassballz-at-techie.com

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                                                • WarChild
                                                  Let slip the dogs of war.
                                                  • Jan 2003
                                                  • 17263

                                                  #25
                                                  What if 2257 doesn't apply to you because you're not in the USA?
                                                  .

                                                  Comment

                                                  • BFT3K
                                                    Too lazy to set a custom title
                                                    • Dec 2005
                                                    • 10764

                                                    #26
                                                    Originally posted by WarChild
                                                    What if 2257 doesn't apply to you because you're not in the USA?
                                                    Good question. A few more questions along those lines would be...

                                                    1) Are you a US citizen?
                                                    2) What if you are in the states but your server is not?

                                                    I would imagine that if you are a US citizen running an adult site anywhere in he world you are still bound by US laws, but you would have to ask a lawyer.

                                                    I think most tubes ARE run on US servers, and I think many of the biggest offenders ARE US citizens, so are you willing to roll the dice? Do you feel lucky, punk?

                                                    Comment

                                                    • the.drunk
                                                      Confirmed User
                                                      • Apr 2009
                                                      • 712

                                                      #27
                                                      Originally posted by WarChild
                                                      What if 2257 doesn't apply to you because you're not in the USA?
                                                      then you do not have to worry about it because us laws have no meaning to you, only laws you should understand are laws local to yourself


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                                                      • BFT3K
                                                        Too lazy to set a custom title
                                                        • Dec 2005
                                                        • 10764

                                                        #28
                                                        Originally posted by the.drunk
                                                        then you do not have to worry about it because us laws have no meaning to you, only laws you should understand are laws local to yourself
                                                        That's not necessarily true. He asked what it would mean if you were not in the US.

                                                        If a US citizen goes to Bangkok and gets caught with an underage prostitute (for example), that person can still be charged as a US citizen - regardless of where they are.

                                                        A US citizen running adult sites out of another country is still a US citizen, at least as far as I can tell. Again, a good question for a lawyer...

                                                        Comment

                                                        • Dirty Dane
                                                          Sick Fuck
                                                          • Feb 2004
                                                          • 9491

                                                          #29
                                                          I have no idea what you (or you laywer) are talking about, but there are no definitions in the laws about "legal/illegal tubes". As far I know...
                                                          The laws define 'digital' content in general, and 2257 is related to the humans in that content. So it doesn't matter if its a tube or image. 'Violaters' is just a technical question about who is responsible. The same with copyright issues, which has nothing to do with 2257.

                                                          Comment

                                                          • the.drunk
                                                            Confirmed User
                                                            • Apr 2009
                                                            • 712

                                                            #30
                                                            Originally posted by BFT3K
                                                            That's not necessarily true. He asked what it would mean if you were not in the US.

                                                            If a US citizen goes to Bangkok and gets caught with an underage prostitute (for example), that person can still be charged as a US citizen - regardless of where they are.

                                                            A US citizen running adult sites out of another country is still a US citizen, at least as far as I can tell. Again, a good question for a lawyer...
                                                            When traveling you can be prosecuted under US law, but if you move and take up legal residence offshore and run your business completely offshore you are not held to US law


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                                                            • notime
                                                              Confirmed User
                                                              • Jun 2003
                                                              • 8025

                                                              #31
                                                              Either it's legal content or it's not.

                                                              If a private person uploads his/her OWN content AND gives permission (and if needed by local law; copy ID / modelrelease): then=legal if age>18 (depending on country)

                                                              If anybody else uploads/adds it (wether the owner, a paid uploader or consumer uploader)..the question is did the model(s)/producer(s)/studio(s)/Broker(s)/affiliate program(s) give (written) permission to do so: yes or no ?

                                                              There is your anwer.

                                                              (some countries have flaws in the laws and it's not dealt with 100% legally as in the 10 commandments; "thy shall not steal" for example)

                                                              Comment

                                                              • the.drunk
                                                                Confirmed User
                                                                • Apr 2009
                                                                • 712

                                                                #32
                                                                Originally posted by Dirty Dane
                                                                I have no idea what you (or you laywer) are talking about, but there are no definitions in the laws about "legal/illegal tubes". As far I know...
                                                                The laws define 'digital' content in general, and 2257 is related to the humans in that content. So it doesn't matter if its a tube or image. 'Violaters' is just a technical question about who is responsible. The same with copyright issues, which has nothing to do with 2257.
                                                                sites with user generated content do not have to follow 2257 guidelines and are protected by the dmca safe harbor


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                                                                • the.drunk
                                                                  Confirmed User
                                                                  • Apr 2009
                                                                  • 712

                                                                  #33
                                                                  Originally posted by notime
                                                                  Either it's legal content or it's not.

                                                                  If a private person uploads his/her OWN content AND gives permission (and if needed by local law; copy ID / modelrelease): then=legal if age>18 (depending on country)

                                                                  If anybody else uploads/adds it (wether the owner, a paid uploader or consumer uploader)..the question is did the model(s)/producer(s)/studio(s)/Broker(s)/affiliate program(s) give (written) permission to do so: yes or no ?

                                                                  There is your anwer.

                                                                  (some countries have flaws in the laws and it's not dealt with 100% legally as in the 10 commandments; "thy shall not steal" for example)
                                                                  the only thing that can legally determine that for a tube site owner is receiving a dmca take down notice, i can not remove content at will because i believe it infringes someones copyright and if i do i am no longer protected under the safe harbor


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                                                                  • BFT3K
                                                                    Too lazy to set a custom title
                                                                    • Dec 2005
                                                                    • 10764

                                                                    #34
                                                                    Originally posted by the.drunk
                                                                    When traveling you can be prosecuted under US law, but if you move and take up legal residence offshore and run your business completely offshore you are not held to US law
                                                                    I wouldn't bet the bank on that one. I think if Bernie Madoff was running his ponzi scheme out of Costa Rica he would still be a US citizen breaking US laws, but again, I am not a lawyer, so who knows?

                                                                    Comment

                                                                    • Dirty Dane
                                                                      Sick Fuck
                                                                      • Feb 2004
                                                                      • 9491

                                                                      #35
                                                                      Originally posted by the.drunk
                                                                      sites with user generated content do not have to follow 2257 guidelines and are protected by the dmca safe harbor
                                                                      No, the world and illegal/legal is about more than just 2257. If someone ignore user-submitted childporn on their server and ignore reporting it, they could be punished by other laws. Even harder than 2257.
                                                                      "Safe harbor"? I think not. Read the laws.
                                                                      Last edited by Dirty Dane; 04-14-2009, 01:26 PM.

                                                                      Comment

                                                                      • the.drunk
                                                                        Confirmed User
                                                                        • Apr 2009
                                                                        • 712

                                                                        #36
                                                                        Originally posted by Dirty Dane
                                                                        No, the world and illegal/legal is about more than just 2257. If someone ignore user-submitted childporn on their server and ignore reporting it, they could be punished by other laws. Even harder than 2257.
                                                                        "Safe harbor"? I think not. Read the laws.
                                                                        correct if someone uploads illegal content, illegal meaning cp, beast and other stuff of obscenity they are required to remove it

                                                                        we are talking about porn that is legal to have and view

                                                                        when you have a site that is organically user submitted and you follow dmca take down laws correctly your tube site is legal, if you are importing sponsor content and do not have 2257 docs your tube site is illegal


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                                                                        • notime
                                                                          Confirmed User
                                                                          • Jun 2003
                                                                          • 8025

                                                                          #37
                                                                          Originally posted by the.drunk
                                                                          the only thing that can legally determine that for a tube site owner is receiving a dmca take down notice, i can not remove content at will because i believe it infringes someones copyright and if i do i am no longer protected under the safe harbor
                                                                          There is the DMCA or law is on one side and the old school studios could be on the other.
                                                                          Some old school guys might send 6 gorilla's to see if there are bananas there to peel if they get really hungry. I saw on the Discovey channel that monkey's have this territorial thing going on.

                                                                          Comment

                                                                          • Yngwie
                                                                            I am an Alien from space
                                                                            • May 2003
                                                                            • 11118

                                                                            #38
                                                                            my shitty "tube" site had ZERO uploaded content.. Not even uploaded by me. It's ALL embedded vids provided by the sponsor.
                                                                            ICQ: 16544251 - Skype: gator37 @ eastlink.ca - email: yngwie @ isys.ca

                                                                            Comment

                                                                            • BFT3K
                                                                              Too lazy to set a custom title
                                                                              • Dec 2005
                                                                              • 10764

                                                                              #39
                                                                              Originally posted by notime
                                                                              Some old school guys might send 6 gorilla's to see if there are bananas there to peel, if they get really hungry.
                                                                              Now we're talking!

                                                                              Comment

                                                                              • the.drunk
                                                                                Confirmed User
                                                                                • Apr 2009
                                                                                • 712

                                                                                #40
                                                                                Originally posted by notime
                                                                                There is the DMCA or law is on one side and the old school studios could be on the other.
                                                                                Some old school guys might send 6 gorilla's to see if there are bananas there to peel if they get really hungry. I saw on the Discovey channel that monkey's have this territorial thing going on.
                                                                                the point of this thread was to inform those who own illegal tubes sites that believe they are legal



                                                                                now to talk of the big legal tube sites full of pirated content then we will need a new thread


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                                                                                • Dirty Dane
                                                                                  Sick Fuck
                                                                                  • Feb 2004
                                                                                  • 9491

                                                                                  #41
                                                                                  Originally posted by the.drunk
                                                                                  correct if someone uploads illegal content, illegal meaning cp, beast and other stuff of obscenity they are required to remove it

                                                                                  we are talking about porn that is legal to have and view

                                                                                  when you have a site that is organically user submitted and you follow dmca take down laws correctly your tube site is legal, if you are importing sponsor content and do not have 2257 docs your tube site is illegal
                                                                                  Well, the problem is that you do not always know for sure if its legal or not. So how do you know what is required to remove??
                                                                                  Thats "why" they designed 2257 - to ensure it (even if it a good tool to harm adult biz too - but thats policy..). Officially, its designed for what the adult industry "failed" to do.

                                                                                  Sure, you won't go 5 years to jail for someone else submitting without proper IDs. But thats not "safe harbor", if you can still go 10 years to jail for ignoring it.

                                                                                  Comment

                                                                                  • the.drunk
                                                                                    Confirmed User
                                                                                    • Apr 2009
                                                                                    • 712

                                                                                    #42
                                                                                    i think if we do send some gorillas to some people with big legal tube sites it will bring some heat on whole industry and label will resurface we are run by mob and the regulations will start to come on strong and the whole industry will get ruined

                                                                                    best way to fight big legal tubes is legally


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                                                                                    • notime
                                                                                      Confirmed User
                                                                                      • Jun 2003
                                                                                      • 8025

                                                                                      #43
                                                                                      Originally posted by the.drunk
                                                                                      the point of this thread was to inform those who own illegal tubes sites that believe they are legal
                                                                                      my point exactly

                                                                                      Comment

                                                                                      • the.drunk
                                                                                        Confirmed User
                                                                                        • Apr 2009
                                                                                        • 712

                                                                                        #44
                                                                                        Originally posted by Dirty Dane
                                                                                        Well, the problem is that you do not always know for sure if its legal or not. So how do you know what is required to remove??
                                                                                        Thats "why" they designed 2257 - to ensure it (even if it a good tool to harm adult biz too - but thats policy..). Officially, its designed for what the adult industry "failed" to do.

                                                                                        Sure, you won't go 5 years to jail for someone else submitting without proper IDs. But thats not "safe harbor", if you can still go 10 years to jail for ignoring it.
                                                                                        well it is a topic of great debate but i will say if video is uploaded and is suspected that they are minor and there is no 2257 statement in video then you are legal to take it down no questions asked






                                                                                        users submitting videos are who we should go after

                                                                                        they are in fact supposed to put 2257 notice on every video they upload

                                                                                        you can also get court order the records of tube sites to find out who is uploading your content with out permission and sue them




                                                                                        you have to go after users of tubes not owners if you want to get any ground


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                                                                                        • the.drunk
                                                                                          Confirmed User
                                                                                          • Apr 2009
                                                                                          • 712

                                                                                          #45
                                                                                          if people start getting sued by the thousands for uploading porn it will be in the media and people will get the picture


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                                                                                          • Dirty Dane
                                                                                            Sick Fuck
                                                                                            • Feb 2004
                                                                                            • 9491

                                                                                            #46
                                                                                            Originally posted by the.drunk
                                                                                            well it is a topic of great debate but i will say if video is uploaded and is suspected that they are minor and there is no 2257 statement in video then you are legal to take it down no questions asked

                                                                                            users submitting videos are who we should go after

                                                                                            they are in fact supposed to put 2257 notice on every video they upload

                                                                                            you can also get court order the records of tube sites to find out who is uploading your content with out permission and sue them

                                                                                            you have to go after users of tubes not owners if you want to get any ground
                                                                                            Yes, you are correct. But my point is that no one is safe, because there are many laws. Not just 2257. The 2257 is basically designed for you, not to break other laws, which can get you to jail for even longer time

                                                                                            I'm not a laywer, but I'm pretty sure the top laywers on YouTube or other user submitted hosts have discussed these issues, regarding sexually related uploads. Even if there are no nudity, it could still violate the other US laws about childporn.

                                                                                            So as a hoster, you have to ensure it won't happen. All the smut not allowed on YouTube, is now a business model for porntubes, and they are not exceptions from the same issues. If some hoster ignore the laws, no matter which law, then there is a reason for "going after" him too.
                                                                                            These issues has nothing to do if its a tube or not, but how its operated regarding spreading some specific content. Torrent sites.. even wikipedia is no exception

                                                                                            Comment

                                                                                            • notime
                                                                                              Confirmed User
                                                                                              • Jun 2003
                                                                                              • 8025

                                                                                              #47
                                                                                              Originally posted by the.drunk
                                                                                              if people start getting sued by the thousands for uploading porn it will be in the media and people will get the picture
                                                                                              The political lobby is set in motion already by warner's/disney's/paramounts/ etc.
                                                                                              In France your SDL connection will be terminated, in Germany you will be sued to your last cent, etc. In other countries your ISP is governed to keep all data of all your surfing/downloading/etc. as a pre-action to later, yet to be set, legal consequences.
                                                                                              Last edited by notime; 04-14-2009, 02:10 PM.

                                                                                              Comment

                                                                                              • BFT3K
                                                                                                Too lazy to set a custom title
                                                                                                • Dec 2005
                                                                                                • 10764

                                                                                                #48
                                                                                                How did this thread go so far off topic?

                                                                                                I thought it was all about angry monkeys.

                                                                                                Here, this should get us back on course...

                                                                                                http://www.youtube.com/watch?v=ux8SGKrC1SA

                                                                                                Comment

                                                                                                • Janak
                                                                                                  Confirmed User
                                                                                                  • Jan 2009
                                                                                                  • 483

                                                                                                  #49
                                                                                                  Your Mom is an illegal tube site.
                                                                                                  My stats here.

                                                                                                  Comment

                                                                                                  • 420
                                                                                                    cuck
                                                                                                    • Mar 2003
                                                                                                    • 11571

                                                                                                    #50
                                                                                                    the.drunk is mindwaste's fake nick
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