The End Of Illegal Tubes Starts HERE - GoFuckYourself.com

xxxjay · 09-04-2009, 05:38 PM

I had a meeting with an industry lawyer today. An ISP got slapped for $32M for DMCA violation. It should be interesting to see how the spills into tubes.

$32M Louis Vuitton judgment shows limits of ISP safe harbors

http://arstechnica.com/tech-policy/n...fe-harbors.ars

bns666 · 09-04-2009, 05:40 PM

sig spot

RyuLion · 09-04-2009, 05:40 PM

Very nice! Keep up the good work man!
and have a relaxing weekend..

JFK · 09-04-2009, 05:44 PM

best of luck Jay, if you are going after them

Spunky · 09-04-2009, 05:46 PM

Best of luck with that

Cyber Fucker · 09-04-2009, 05:49 PM

sounds like a war...

notime · 09-04-2009, 05:50 PM

Counterfit tangeable goods do not fall under the same laws as digital properties if I am not mistaken.
3AM here, I need some sleep

xxxjay · 09-04-2009, 05:51 PM

Quote:

Originally Posted by bbwebmaster

sounds like a war...

It is the first time an ISP has been held accountable for a DMCA violation. There is now case law to be used in future cases.

It should be interesting.

xxxjay · 09-04-2009, 05:53 PM

Quote:

Originally Posted by notime

Counterfit tangeable goods do not fall under the same laws as digital properties if I am not mistaken.
3AM here, I need some sleep

So wrong. They had images of LV products that violated copyright and the host refused to do anything about it.

It's the same principal.

xxxjay · 09-04-2009, 05:58 PM

fatfoo · 09-04-2009, 05:59 PM

Good start to illegal tube sites. $32Million judgement. Thanks for posting, xxxjay. Interesting read.

Twig · 09-04-2009, 06:06 PM

Hell yea, go for the gold!

Barefootsies · 09-04-2009, 06:06 PM

bump sig

OY · 09-04-2009, 06:17 PM

Let us hope the precedence sticks.

brassmonkey · 09-04-2009, 06:19 PM

how is that going to end it? u witnessed the war on drugs

mpahlca · 09-04-2009, 06:24 PM

how does this affect anything? most tubes now buy dvds and then run them legally so what does this do?

SleazyDream · 09-04-2009, 06:27 PM

heard that - take away the hosting and the illegal thieving sites go down!!!!

crockett · 09-04-2009, 06:30 PM

Quote:

Originally Posted by mpahlca

how does this affect anything? most tubes now buy dvds and then run them legally so what does this do?

Most tube sites that do that and started as illegals, still have pirated videos.

brassmonkey · 09-04-2009, 06:32 PM

whatever u say

Agent 488 · 09-04-2009, 06:35 PM

they've been almost ending for years now.

Rangermoore · 09-04-2009, 06:36 PM

Apples & Oranges...It will never work..But good luck..

CHARGER · 09-04-2009, 06:39 PM

big up man

fris · 09-04-2009, 06:40 PM

giddeongallery must be on vacation

Cutty · 09-04-2009, 06:41 PM

Good luck, glad to see you seem to be taking some action.

gideongallery · 09-04-2009, 06:48 PM

this is not the precedent setter you think it is

Quote:

Lawyers from Vuitton notified the two ISPs of the many counterfeit sites, but received no response. Further investigation found that "most, if not all of the websites hosted by the ISP defendants are engaged in the trafficking of counterfeit merchandise."

this is just another example of a host who doesn't follow the take down rules and still trys to claim the protect of safe harbor.

drawing the conclusion that this somehow radically changes the game, is a serious mistake.

http://www.gofuckyourself.com/showthread.php?t=925327

as i pointed out in the previous thread published by a "real" lawyer.

i would have expected a lot more from a lawyer like pornlaw,
jay it can be excused.

Brad Mitchell · 09-04-2009, 06:56 PM

Corey wrote for XBiz the other day about this very case http://www.xbiz.com/news/112382

Brad

AsianDivaGirlsWebDude · 09-04-2009, 07:15 PM

I'm somewhat surprised that few adult lawyers or copyright lawyers have filed lawsuits directed towards pirates yet, since the settlement money could be sweet, particularly if they could also sue the contributory infringers (advertisers, etc)...

ADG

xxxjay · 09-04-2009, 07:22 PM

Quote:

Originally Posted by mpahlca

how does this affect anything? most tubes now buy dvds and then run them legally so what does this do?

Oh really?

How about this video? Front page of pornhub right now:
http://www.pornhub.com/view_video.ph...key=1173430082

This is from our new site www.mystepdadmademe.com - which comes out next week. It's nice the brazzers guys to the liberty of releasing this for us.

It got 118 Ratings and 229642 views just today on pornhub and we sure didn't give them the DVDs to "run them legally"!

Pornhub is one of the "5 big ones" and they don't give a fuck...how can you say these smaller guys are playing by the rules?

This industry need to get a clue. A DMCA is not a license to free for all with everyone else's content.

gideongallery · 09-04-2009, 07:29 PM

Quote:

Originally Posted by xxxjay

So wrong. They had images of LV products that violated copyright and the host refused to do anything about it.

It's the same principal.

re read the case, they were found guilty for the trademark violation not the copyright violations.

if anything this is a bad ruling for you.

putting up copyrighted image lv bag, side by side with the fake bag to prove how close they were was not ruled to be a violation. even when the host ignores takedown requests.

i think that lv cede the point and choose not to fight on that arguement-- at least based on what i saw about the case, but if i am wrong and the copyright picture issue was considered by the judge and jury (as you claimed) then above point is valid.

gideongallery · 09-04-2009, 07:31 PM

Quote:

Originally Posted by xxxjay

Oh really?

How about this video? Front page of pornhub right now:
http://www.pornhub.com/view_video.ph...key=1173430082

This is from our new site www.mystepdadmademe.com - which comes out next week. It's nice the brazzers guys to the liberty of releasing this for us.

It got 118 Ratings and 229642 views just today on pornhub and we sure didn't give them the DVDs to "run them legally"!

Pornhub is one of the "5 big ones" and they don't give a fuck...how can you say these smaller guys are playing by the rules?

This industry need to get a clue. A DMCA is not a license to free for all with everyone else's content.

now all you need is for them to complete ignore your takedown notices like this host did, and you too can win 32 million

xxxjay · 09-04-2009, 08:01 PM

Quote:

Originally Posted by gideongallery

now all you need is for them to complete ignore your takedown notices like this host did, and you too can win 32 million

You are an idiot. Now ISP's are looking down the barrel of a 32M$ precedent for getting funny with the DMCA.

Tubes aren't even really ISPs. They are for profit organizations that make money on (mostly) stolen content.

Agent 488 · 09-04-2009, 08:08 PM

if you read the article seems gideon is right.

brassmonkey · 09-04-2009, 08:09 PM

damn nice vid thanx

HighEnergy · 09-04-2009, 08:48 PM

It's a copyright issue, face it jay, your time is over.

xxxjay · 09-04-2009, 08:56 PM

Quote:

Originally Posted by HighEnergy

It's a copyright issue, face it jay, your time is over.

Does it say the lost millions to copyright?

Nope.

Major (Tom) · 09-04-2009, 09:01 PM

Quote:

Originally Posted by brassmonkey

whatever u say

I say he said something that makes alot of sense. Precedence.
I am getting much more help now from eu hosts hosting crap. I just dmca the host now.
Works like a charm.
Duke

Major (Tom) · 09-04-2009, 09:03 PM

Quote:

Originally Posted by gideongallery

now all you need is for them to complete ignore your takedown notices like this host did, and you too can win 32 million

A quick tip. Any tube hosted by swiftwill, not swiftco, swiftwill, will remove a thread for you. Hit up a tech on aim, and done.
Duke

Voodoo · 09-04-2009, 09:03 PM

non-illegal tubes FTW

TheDoc · 09-04-2009, 09:16 PM

Any Host / ISP (company) that knowingly does something illegal, is illegal.. that has 'always' been that way. I don't see how this ruling changed or could ever change DMCA/Tubes, Piracy, or anything related to the piracy problems of our industry.

NoWhErE · 09-04-2009, 09:52 PM

Quote:

Originally Posted by xxxjay

Oh really?

How about this video? Front page of pornhub right now:
http://www.pornhub.com/view_video.ph...key=1173430082

This is from our new site www.mystepdadmademe.com - which comes out next week. It's nice the brazzers guys to the liberty of releasing this for us.

It got 118 Ratings and 229642 views just today on pornhub and we sure didn't give them the DVDs to "run them legally"!

Pornhub is one of the "5 big ones" and they don't give a fuck...how can you say these smaller guys are playing by the rules?

This industry need to get a clue. A DMCA is not a license to free for all with everyone else's content.

Out of curiosity, how did they manage to get the video if the site hasnt been released yet?

xxxjay · 09-05-2009, 12:05 AM

Quote:

Originally Posted by NoWhErE

Out of curiosity, how did they manage to get the video if the site hasnt been released yet?

They burned the DVD from the DVD line.

DWB · 09-05-2009, 03:42 AM

Quote:

Originally Posted by bbwebmaster

sounds like a war...

It's FARGIN WAR!!!!!

Jet - BANNED FOR LIFE · 09-05-2009, 03:43 AM

at this thread

pornocruto · 09-05-2009, 03:51 AM

Wow, i really hope this goes somewhere and doesnt jst die in the water..

Pleasurepays · 09-05-2009, 05:19 AM

Quote:

Originally Posted by xxxjay

It is the first time an ISP has been held accountable for a DMCA violation. There is now case law to be used in future cases.

It should be interesting.

i think you are misunderstanding what happened.

the guy set up the ISPs specifically for the purpose of running these sites. he wasn't acting as an hosting company dealing with hosting clients... and as a result, he didn't meet the legal requirements for safe harbor protection. i don't see how this applies to any real hosting company or tube sites.

Fletch XXX · 09-05-2009, 06:19 AM

I knew a few people involved with knock off goods in Cali/LA, BIG BUSINESS, Louis Vutton is small percentage of whats actually happening in california. Knock off business stretches around entire world and runs seemingly without interuption. From Obama shirts in London to knock off Vutton in LA.

Kingfish · 09-05-2009, 08:07 AM

There is a difference between trademark and copyright law that is what some of you are missing. There is no safe harbor for using someone else?s trademark. Say you have exclusive content and you put a watermark of your registered trademark on all the videos. Now say someone uploads that to a tube ? the tube site owner is liable for the infringement of your mark. He can?t use safe harbor as a defense. For now the smart thing to do would be to register your marks and mark everything with your registered mark.
http://www.uspto.gov/go/tac/doc/basic/howtofile.htm

Agent 488 · 09-05-2009, 08:16 AM

so the tube site owners delete anything with a watermark?

Quote:

Originally Posted by Kingfish

There is a difference between trademark and copyright law that is what some of you are missing. There is no safe harbor for using someone else?s trademark. Say you have exclusive content and you put a watermark of your registered trademark on all the videos. Now say someone uploads that to a tube ? the tube site owner is liable for the infringement of your mark. He can?t use safe harbor as a defense. For now the smart thing to do would be to register your marks and mark everything with your registered mark.
http://www.uspto.gov/go/tac/doc/basic/howtofile.htm

Denny · 09-05-2009, 08:31 AM

mikesouth · 09-05-2009, 10:07 AM

the problem isnt that porners cant win these kind of suits, the problem is that we dont bring them. They are expensive to fight and even though they are largely winnable lawyers arent big on taking these on contingency because theres no insurance company to pay up.

09-04-2009, 05:38 PM	#1
xxxjay Tube groupie. Industry Role: Join Date: Aug 2002 Location: LoScandalous, CA Posts: 13,482	The End Of Illegal Tubes Starts HERE I had a meeting with an industry lawyer today. An ISP got slapped for $32M for DMCA violation. It should be interesting to see how the spills into tubes. $32M Louis Vuitton judgment shows limits of ISP safe harbors http://arstechnica.com/tech-policy/n...fe-harbors.ars __________________ http://donttellmehowtoruinmylife.com/ - http://www.jmdigitalmarketing.com/my...s-and-reviews/ - http://www.wouldyouhitit.org - http://shinyobjectreviews.com/

09-04-2009, 05:40 PM	#2
bns666 Confirmed Fetishist Industry Role: Join Date: Mar 2005 Location: Fetishland Posts: 11,539	sig spot __________________ ⭐ CAM SODA ⭐ STRIPCHAT ⭐ ⭐ CHATURBATE ⭐ X LOVE CAM ⭐

09-04-2009, 05:40 PM	#3
RyuLion ClubDomCash.com Industry Role: Join Date: Mar 2003 Location: San Diego Posts: 32,275	Very nice! Keep up the good work man! and have a relaxing weekend.. __________________ Adult Biz Consultant A tech head since 1995

09-04-2009, 05:44 PM	#4
JFK FUBAR the ORIGINATOR Industry Role: Join Date: Jan 2002 Location: FUBARLAND Posts: 67,374	best of luck Jay, if you are going after them __________________ FUBAR Webmasters - The FUBAR Times - FUBAR Webmasters Mobile - FUBARTV.XXX For promo opps contact jfk at fubarwebmasters dot com

09-04-2009, 05:46 PM	#5
Spunky I need a beer Industry Role: Join Date: Jun 2002 Location: ♠ Toiletville ♠ Posts: 133,947	Best of luck with that __________________ *YOUR INFORMATION HERE*

09-04-2009, 05:49 PM	#6
Cyber Fucker Hmm Industry Role: Join Date: Sep 2005 Location: On an endless road around the world for rock and roll. Posts: 12,642	sounds like a war... __________________

09-04-2009, 05:50 PM	#7
notime Confirmed User Industry Role: Join Date: Jun 2003 Location: cyberspace Posts: 8,022	Counterfit tangeable goods do not fall under the same laws as digital properties if I am not mistaken. 3AM here, I need some sleep

09-04-2009, 05:58 PM	#10
xxxjay Tube groupie. Industry Role: Join Date: Aug 2002 Location: LoScandalous, CA Posts: 13,482	__________________ http://donttellmehowtoruinmylife.com/ - http://www.jmdigitalmarketing.com/my...s-and-reviews/ - http://www.wouldyouhitit.org - http://shinyobjectreviews.com/

09-04-2009, 05:59 PM	#11
fatfoo ICQ:649699063 Industry Role: Join Date: Mar 2003 Posts: 27,763	Good start to illegal tube sites. $32Million judgement. Thanks for posting, xxxjay. Interesting read. __________________ Send me an email: [email protected]

09-04-2009, 06:06 PM	#12
Twig Confirmed User Join Date: Nov 2005 Location: ICQ - 703894 Posts: 1,949	Hell yea, go for the gold! __________________

09-04-2009, 06:06 PM	#13
Barefootsies Choice is an Illusion Industry Role: Join Date: Feb 2005 Location: Land of Obama Posts: 42,635	bump sig __________________ Should You Email Your Members? Link1 \| Link2 \| Link3 Enough Said. "Would you rather live like a king for a year or like a prince forever?"

09-04-2009, 06:17 PM	#14
OY Industry Pioneer Industry Role: Join Date: Oct 2002 Location: USA/EU/ASIA Posts: 5,401	Let us hope the precedence sticks. __________________ Around since 1997, and the company that introduced "Cascading Billing" in MPA3® Affiliate Management and Tracking Software Outsourcing With A Norwegian Twist - NordBits - Inquire within!

09-04-2009, 06:19 PM	#15
brassmonkey Pay It Forward Industry Role: Join Date: Sep 2005 Location: Yo Mama House Posts: 77,249	how is that going to end it? u witnessed the war on drugs __________________ TRUMP 2025 KEKAW!!! - The Laken Riley Act Is Law! DACA ENDED - SUPPORT AZ HCR 2060 52R - email: brassballz-at-techie.com

09-04-2009, 06:24 PM	#16
mpahlca Confirmed User Industry Role: Join Date: Feb 2004 Location: Vancouver Posts: 1,821	how does this affect anything? most tubes now buy dvds and then run them legally so what does this do? __________________ I could give two shits wether you read this sig or not.

09-04-2009, 06:27 PM	#17
SleazyDream I'm here for SPORT Industry Role: Join Date: Jul 2001 Location: Phone # (401) 285-0696 Posts: 41,470	heard that - take away the hosting and the illegal thieving sites go down!!!! __________________ This dog, is dog, a dog, good dog, way dog, to dog, keep dog, an dog, idiot dog, busy dog, for dog, 20 dog, seconds dog! Now read without the word dog.

09-04-2009, 06:32 PM	#19
brassmonkey Pay It Forward Industry Role: Join Date: Sep 2005 Location: Yo Mama House Posts: 77,249	whatever u say __________________ TRUMP 2025 KEKAW!!! - The Laken Riley Act Is Law! DACA ENDED - SUPPORT AZ HCR 2060 52R - email: brassballz-at-techie.com

09-04-2009, 06:35 PM	#20
Agent 488 Registered User Industry Role: Join Date: Feb 2006 Posts: 22,511	they've been almost ending for years now.

09-04-2009, 06:36 PM	#21
Rangermoore Confirmed User Industry Role: Join Date: Jan 2009 Location: EVERYWHERE Posts: 1,541	Apples & Oranges...It will never work..But good luck.. __________________

09-04-2009, 06:39 PM	#22
CHARGER Confirmed User Join Date: Aug 2009 Location: Somewhere between hell and heaven Posts: 551	big up man

09-04-2009, 06:40 PM	#23
fris Too lazy to set a custom title Industry Role: Join Date: Aug 2002 Posts: 55,372	giddeongallery must be on vacation __________________ Since 1999: 69 Adult Industry awards for Best Hosting Company and professional excellence. WP Stuff

09-04-2009, 06:41 PM	#24
Cutty So Fucking Banned Join Date: Jan 2006 Posts: 1,265	Good luck, glad to see you seem to be taking some action.

09-04-2009, 06:56 PM	#26
Brad Mitchell Confirmed User Industry Role: Join Date: Nov 2001 Location: Southfield, MI Posts: 9,812	Corey wrote for XBiz the other day about this very case http://www.xbiz.com/news/112382 Brad __________________ President at MojoHost \| brad at mojohost dot com \| Skype MojoHostBrad 71 industry awards for hosting and professional excellence since 1999

09-04-2009, 07:15 PM	#27
AsianDivaGirlsWebDude Purveyor, Fine Asian Porn Industry Role: Join Date: Jul 2004 Location: San Francisco Bay Area Posts: 38,323	I'm somewhat surprised that few adult lawyers or copyright lawyers have filed lawsuits directed towards pirates yet, since the settlement money could be sweet, particularly if they could also sue the contributory infringers (advertisers, etc)... ADG __________________ Asian Diva Girls - Exclusive Photos and Videos Asian Diva Girls Affiliate Program (50% ccBill Revshare)

09-04-2009, 08:08 PM	#32
Agent 488 Registered User Industry Role: Join Date: Feb 2006 Posts: 22,511	if you read the article seems gideon is right.

09-04-2009, 08:09 PM	#33
brassmonkey Pay It Forward Industry Role: Join Date: Sep 2005 Location: Yo Mama House Posts: 77,249	damn nice vid thanx __________________ TRUMP 2025 KEKAW!!! - The Laken Riley Act Is Law! DACA ENDED - SUPPORT AZ HCR 2060 52R - email: brassballz-at-techie.com

09-04-2009, 08:48 PM	#34
HighEnergy So Fucking Banned Join Date: Apr 2007 Posts: 806	It's a copyright issue, face it jay, your time is over.

09-04-2009, 09:03 PM	#38
Voodoo ♥ ♦ ♣ ♠ Industry Role: Join Date: Sep 2002 Posts: 10,592	non-illegal tubes FTW __________________ "I'm selflessly supporting the common good, but only coincidentally looking out for No.1."

09-04-2009, 09:16 PM	#39
TheDoc Too lazy to set a custom title Industry Role: Join Date: Jul 2001 Location: Currently Incognito Posts: 13,827	Any Host / ISP (company) that knowingly does something illegal, is illegal.. that has 'always' been that way. I don't see how this ruling changed or could ever change DMCA/Tubes, Piracy, or anything related to the piracy problems of our industry. __________________ ~TheDoc - ICQ7765825 It's all disambiguation

09-05-2009, 03:43 AM	#43
Jet - BANNED FOR LIFE So Fucking Banned Join Date: Sep 2002 Posts: 7,515	at this thread

09-05-2009, 03:51 AM	#44
pornocruto Confirmed User Join Date: Jan 2009 Posts: 1,308	Wow, i really hope this goes somewhere and doesnt jst die in the water.. __________________ Promote EXTREME porn Earn EXTREME $$$$ Only @ cash.pornocruto.es

09-05-2009, 06:19 AM	#46
Fletch XXX GFY HALL OF FAME DAMMIT!!! Join Date: Jan 2002 Location: that 504 Posts: 60,840	I knew a few people involved with knock off goods in Cali/LA, BIG BUSINESS, Louis Vutton is small percentage of whats actually happening in california. Knock off business stretches around entire world and runs seemingly without interuption. From Obama shirts in London to knock off Vutton in LA. __________________ Want an Android App for your tube, membership, or free site? Need banners or promo material? Hit us up (ICQ Fletch: 148841377) or email me fletchxxx at gmail.com - recent work - About me

09-05-2009, 08:07 AM	#47
Kingfish Confirmed User Join Date: Sep 2002 Posts: 668	There is a difference between trademark and copyright law that is what some of you are missing. There is no safe harbor for using someone else?s trademark. Say you have exclusive content and you put a watermark of your registered trademark on all the videos. Now say someone uploads that to a tube ? the tube site owner is liable for the infringement of your mark. He can?t use safe harbor as a defense. For now the smart thing to do would be to register your marks and mark everything with your registered mark. http://www.uspto.gov/go/tac/doc/basic/howtofile.htm

09-05-2009, 08:31 AM	#49
Denny Too lazy to set a custom title Industry Role: Join Date: Feb 2005 Posts: 17,301	__________________

09-05-2009, 10:07 AM	#50
mikesouth Confirmed User Industry Role: Join Date: Jun 2003 Location: My High Horse Posts: 6,334	the problem isnt that porners cant win these kind of suits, the problem is that we dont bring them. They are expensive to fight and even though they are largely winnable lawyers arent big on taking these on contingency because theres no insurance company to pay up. __________________ Mike South It's No wonder I took up drugs and alcohol, it's the only way I could dumb myself down enough to cope with the morons in this biz.