The End Of Illegal Tubes Starts HERE - Page 2 - GoFuckYourself.com

mikeyddddd · 09-05-2009, 10:11 AM

fiddy illegal tube ends

Nautilus · 09-05-2009, 10:16 AM

Not fully relevant, but still a good precedent. With some effort it can be extended to our area of interest (copyright infringements), as most of the arguments that convinced the court in LV case will still be valid.

beerptrol · 09-05-2009, 10:20 AM

Doesn't mean jack until someone takes them to court. Sure it may set a precedent, but there is also a bigger precedent of bitching about them rather than taking them to court in this industry

Kingfish · 09-05-2009, 10:41 AM

Quote:

Originally Posted by Nautilus

Not fully relevant, but still a good precedent. With some effort it can be extended to our area of interest (copyright infringements), as most of the arguments that convinced the court in LV case will still be valid.

You can?t extend it to copyright they are two spate things and that is why it is beneficial as they can?t claim safe harbor, once a host or advertiser is put on notice of the mark infringement or even if they merely should have know about the infringement they are liable from that point forward they can?t wait for the Tube owner to take it down.

Nautilus · 09-05-2009, 11:39 AM

Quote:

Originally Posted by Kingfish

You can’t extend it to copyright they are two spate things and that is why it is beneficial as they can’t claim safe harbor, once a host or advertiser is put on notice of the mark infringement or even if they merely should have know about the infringement they are liable from that point forward they can’t wait for the Tube owner to take it down.

Yes I agree they're two separate things and this case is yet another "arrow", as was said in another thread, one more weapon to throw at the offending site in court.

I didn't read the actual court case but from the magazine articles about it, it looks like DMCA and safe harbor were the part of the argument in court anyway. Don't know what was the exact reason for it, but it looks like the court found them connected in one way or the other.

Thus, if DMCA and safe harbor were parts of the reasoning anyway, that's what makes me think the decision can be extended into the copyright area. It will take one more legal battle, but having LV precedent behind you, a precedent that is portrayed as the one setting the limits of the safe harbor defense, will surely help.

Going after the trademark infringement is good, but not THAT good. For example, our older videos were not watermarked and they're still flying around at tubes and torrents, and we'll still need copyright laws and precedents if we're going to fight the offenders in court.

xxxjay · 09-05-2009, 12:29 PM

Quote:

Originally Posted by Pleasurepays

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.

As it has been explained to me, by one of the best attorneys in LA, that if you are seeking protection under the DMCA by the letter of the law -- the tubes should leave the gates wide open and allow every video that comes through to go up on the site. It just basically says, "people just submit content up here, if someone wants it removed, we will remove it in reasonable time."

If an ISP is even NOT ALLOWING certain submissions to go straight up on the front page, then they are actually controlling what is going up there and the DMCA does not apply.

If the DMCA doesn't apply at this point, these weasels have left themselves open for all kinds of problems.

Agent 488 · 09-05-2009, 12:38 PM

youtube exercises editorial judgment all day every day over their uploads and it does not nullify their safe harbor provisions.

Quote:

Originally Posted by xxxjay

As it has been explained to me, by one of the best attorneys in LA, that if you are seeking protection under the DMCA by the letter of the law -- the tubes should leave the gates wide open and allow every video that comes through to go up on the site. It just basically says, "people just submit content up here, if someone wants it removed, we will remove it in reasonable time."

If an ISP is even NOT ALLOWING certain submissions to go straight up on the front page, then they are actually controlling what is going up there and the DMCA does not apply.

If the DMCA doesn't apply at this point, these weasels have left themselves open for all kinds of problems.

BVF · 09-05-2009, 12:55 PM

Quote:

Originally Posted by Fletch XXX

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.

You sure hang with a lot of criminals and shady individuals.

HorseShit · 09-05-2009, 12:57 PM

let's whine the tubes to death. nice plan
lol

BVF · 09-05-2009, 01:03 PM

Quote:

Originally Posted by xxxjay

I had a meeting with an industry lawyer today........

Quote:

Originally Posted by xxxjay

As it has been explained to me, by one of the best attorneys in LA, that if you are seeking protection under the DMCA by the letter of the law -- the tubes should leave the gates wide open and allow every video that comes through to go up on the site. It just basically says, "people just submit content up here, if someone wants it removed, we will remove it in reasonable time.".

What good is talking to all of these good lawyers if you're still doing nothing? You could save money by only talking about it on gfy.

I remember you used to have pictures with your tongue hanging out with a thumbs up about to do a line of blow off of a whore's stomach....Now even your avatar looks sad and defeated.....WTF?

qxm · 09-05-2009, 01:16 PM

Don't mean to be a total dick but .... I'll believe it when I see it

SleazyDream · 09-05-2009, 01:19 PM

Quote:

Originally Posted by xxxjay

As it has been explained to me, by one of the best attorneys in LA, that if you are seeking protection under the DMCA by the letter of the law -- the tubes should leave the gates wide open and allow every video that comes through to go up on the site. It just basically says, "people just submit content up here, if someone wants it removed, we will remove it in reasonable time."

If an ISP is even NOT ALLOWING certain submissions to go straight up on the front page, then they are actually controlling what is going up there and the DMCA does not apply.

If the DMCA doesn't apply at this point, these weasels have left themselves open for all kinds of problems.

this just sounds right...............

SleazyDream · 09-05-2009, 01:19 PM

Quote:

Originally Posted by BVF

What good is talking to all of these good lawyers if you're still doing nothing? You could save money by only talking about it on gfy.

I remember you used to have pictures with your tongue hanging out with a thumbs up about to do a line of blow off of a whore's stomach....Now even your avatar looks sad and defeated.....WTF?

he just got outa the hospital - give him a little time.........

quiet · 09-05-2009, 01:26 PM

Quote:

Originally Posted by Fletch XXX

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.

thailand/laos/cambodia are extremely bad for this. they are selling 'armani' suits on every street corner lol. and i have seen several completely fake bmw's from china. i shit you not.

music too. load up your ipod, 20 gigs of music for 30 baht (less than a dollar). and it is everywhere. or if you are old school, you can buy 3 (sometimes 5) cds for around a buck. it's pretty crazy.

gideongallery · 09-05-2009, 01:52 PM

Quote:

Originally Posted by xxxjay

As it has been explained to me, by one of the best attorneys in LA, that if you are seeking protection under the DMCA by the letter of the law -- the tubes should leave the gates wide open and allow every video that comes through to go up on the site. It just basically says, "people just submit content up here, if someone wants it removed, we will remove it in reasonable time."

If an ISP is even NOT ALLOWING certain submissions to go straight up on the front page, then they are actually controlling what is going up there and the DMCA does not apply.

If the DMCA doesn't apply at this point, these weasels have left themselves open for all kinds of problems.

so they should allow cp to be uploaded too, and supporting that illegal activity is the only way that they can be protected by safe harbor.

There is no way "best lawyer" in la told you that.
while there are limits on what you can do to block access (partner accounts ala tgp would cause problems, because of the direct financial benefit) editorial control is not an automagic invalidation of Safe harbor.

You could restrict content via your terms of service, not only to prevent things like cp and beastiality but by niche etc.

You could even exclude all porn as youtube does.

xxxjay · 09-05-2009, 01:56 PM

Quote:

Originally Posted by BVF

What good is talking to all of these good lawyers if you're still doing nothing?

Who says I'm doing nothing?

I didn't say that.

xxxjay · 09-05-2009, 01:58 PM

Quote:

Originally Posted by budsbabes

youtube exercises editorial judgment all day every day over their uploads and it does not nullify their safe harbor provisions.

It's a very gray area. Youtube also has pending litigation against it and has never made a dime.

The Duck · 09-06-2009, 11:25 AM

Sign me up.

just a punk · 09-06-2009, 12:31 PM

Quote:

Originally Posted by xxxjay

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

Very good news! But who know how long it will take till the major illegal tubs will be ass-fired...

Roald · 09-06-2009, 12:35 PM

Quote:

Originally Posted by SleazyDream

this just sounds right...............

No no, this below sound right.

Quote:

Originally Posted by gideongallery

so they should allow cp to be uploaded too, and supporting that illegal activity is the only way that they can be protected by safe harbor.

There is no way "best lawyer" in la told you that.
while there are limits on what you can do to block access (partner accounts ala tgp would cause problems, because of the direct financial benefit) editorial control is not an automagic invalidation of Safe harbor.

You could restrict content via your terms of service, not only to prevent things like cp and beastiality but by niche etc.

You could even exclude all porn as youtube does.

xxxjay · 09-07-2009, 02:19 PM

Quote:

Originally Posted by gideongallery

so they should allow cp to be uploaded too, and supporting that illegal activity is the only way that they can be protected by safe harbor.

There is no way "best lawyer" in la told you that.
while there are limits on what you can do to block access (partner accounts ala tgp would cause problems, because of the direct financial benefit) editorial control is not an automagic invalidation of Safe harbor.

You could restrict content via your terms of service, not only to prevent things like cp and beastiality but by niche etc.

You could even exclude all porn as youtube does.

And the ads they sell have no "direct financial benefit"?

Dirty D · 09-07-2009, 02:32 PM

Quote:

Originally Posted by quiet

thailand/laos/cambodia are extremely bad for this. they are selling 'armani' suits on every street corner lol. and i have seen several completely fake bmw's from china. i shit you not.

music too. load up your ipod, 20 gigs of music for 30 baht (less than a dollar). and it is everywhere. or if you are old school, you can buy 3 (sometimes 5) cds for around a buck. it's pretty crazy.

Sadly this is what happens in countries where copyright is not respected.

I remember renting videos (back in the VHS days) in a regular video rental store in the Bahamas where every single video was an illegal copy and they had everything! Completely blatant with Avery labels on the tapes.

american pervert · 09-07-2009, 07:03 PM

all i need is a plane ticket and a baseball bat

brassmonkey · 09-07-2009, 07:09 PM

Quote:

Originally Posted by american pervert

all i need is a plane ticket and a baseball bat

Mutt · 09-07-2009, 07:22 PM

Quote:

Originally Posted by american pervert

all i need is a plane ticket and a baseball bat

if you're willing and able get to it - if you need money for the ticket and bat i'm sure you'll have no trouble raising funds.

stev0 · 09-07-2009, 08:38 PM

Nice, a step in the right direction!

thelanman · 09-07-2009, 08:44 PM

Quote:

Originally Posted by brassmonkey

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

Good point.

V_RocKs · 09-08-2009, 02:13 AM

You need to have deeeeeep pockets to sue the ISPs...

Since the tubes are owned by various porn players themselves, why would they sue their own ISPs?

You need to find a producer that isn't also running a tube.

Nautilus · 09-08-2009, 06:44 AM

I wonder where's more chances to prevail in court, in sueing tubes themselves or their ISPs?

Sueing ISPs is a better route if we aim at reducing the amount of thieves out there, because ISPs are the bottleneck, if no ISP is willing to host the illegal tube = no illegal tubes. But I'm not sure which one is easier to win in court.

shageman · 09-08-2009, 08:09 AM

Sounds like a cracked out witch hunt to me, everyone settle down, next week some conspiracy to sue their grandmother will come up, come on guys, jay says he has the best lawyer of the land, and the best they got is to use this, jay needs to go back to that lawyer and say are you fucking kidding me, either way good luck with the hunt

EthnicLover · 09-11-2009, 10:40 PM

Illegal tubes suck.
That is the extent of my contribution to this topic.

Cash · 09-12-2009, 10:51 AM

Happy Birthday, Jay

09-05-2009, 10:11 AM	#51
mikeyddddd Viva la vulva! Join Date: Mar 2003 Location: you can't please everyone, so you got to please yourself Posts: 16,557	fiddy illegal tube ends __________________ AdultStarProfits AmbyaCash AnilosCash AzianiGold ColdHardCash FlashTheMoney IdolBucks MediumPimpin NSCash Nubiles PussyCash ScoreCash Sextronix SpunkyCash TubeTitans Twistys

09-05-2009, 10:16 AM	#52
Nautilus Confirmed User Industry Role: Join Date: Sep 2002 Posts: 1,631	Not fully relevant, but still a good precedent. With some effort it can be extended to our area of interest (copyright infringements), as most of the arguments that convinced the court in LV case will still be valid. __________________ . . FerroCash - 50+ quality niche paysites to promote \| 100K+ FHGs \| Check recently added galleries New sites \| Pantyhose \| Nylon \| Shemale \| Strapon \| Lesbian \| Mature/MILF \| Anal \| Old&Young \| Gay \| Feet Morphing RSS feeds - check them at the Official blog\| Page Peels (Sample 1 : Sample 2) Wish to review or evaluate our sites before promoting them? Contact me for free password. ICQ: 38.89.22.76 e-mail: support AT ferrocash.com

09-05-2009, 12:57 PM	#59
HorseShit Too lazy to set a custom title Join Date: Dec 2004 Posts: 17,513	let's whine the tubes to death. nice plan lol Last edited by HorseShit; 09-05-2009 at 01:02 PM..

09-05-2009, 01:16 PM	#61
qxm Confirmed User Join Date: Jul 2006 Location: NoHo Posts: 5,970	Don't mean to be a total dick but .... I'll believe it when I see it __________________ ICQ: 266990876

09-06-2009, 11:25 AM	#68
The Duck Adult Content Provider Industry Role: Join Date: May 2005 Location: Europe Posts: 18,243	Sign me up. __________________ Skype Horusmaia ICQ 41555245 Email [email protected]

09-05-2009, 10:20 AM	#53
beerptrol Confirmed Asshole Industry Role: Join Date: Feb 2003 Location: Half way between sobriety and fubar. Posts: 12,722	Doesn't mean jack until someone takes them to court. Sure it may set a precedent, but there is also a bigger precedent of bitching about them rather than taking them to court in this industry

09-07-2009, 07:03 PM	#73
american pervert Confirmed User Join Date: Sep 2002 Location: Los Angeles Posts: 6,830	all i need is a plane ticket and a baseball bat __________________ I can resist everything except temptation

09-07-2009, 08:38 PM	#76
stev0 Confirmed User Join Date: Aug 2003 Location: Calgary, Alberta Posts: 6,801	Nice, a step in the right direction!

09-08-2009, 02:13 AM	#78
V_RocKs Damn Right I Kiss Ass! Industry Role: Join Date: Dec 2003 Location: Cowtown, USA Posts: 32,422	You need to have deeeeeep pockets to sue the ISPs... Since the tubes are owned by various porn players themselves, why would they sue their own ISPs? You need to find a producer that isn't also running a tube.

09-08-2009, 06:44 AM	#79
Nautilus Confirmed User Industry Role: Join Date: Sep 2002 Posts: 1,631	I wonder where's more chances to prevail in court, in sueing tubes themselves or their ISPs? Sueing ISPs is a better route if we aim at reducing the amount of thieves out there, because ISPs are the bottleneck, if no ISP is willing to host the illegal tube = no illegal tubes. But I'm not sure which one is easier to win in court. __________________ . . FerroCash - 50+ quality niche paysites to promote \| 100K+ FHGs \| Check recently added galleries New sites \| Pantyhose \| Nylon \| Shemale \| Strapon \| Lesbian \| Mature/MILF \| Anal \| Old&Young \| Gay \| Feet Morphing RSS feeds - check them at the Official blog\| Page Peels (Sample 1 : Sample 2) Wish to review or evaluate our sites before promoting them? Contact me for free password. ICQ: 38.89.22.76 e-mail: support AT ferrocash.com

09-08-2009, 08:09 AM	#80
shageman Confirmed User Join Date: Oct 2002 Posts: 407	Sounds like a cracked out witch hunt to me, everyone settle down, next week some conspiracy to sue their grandmother will come up, come on guys, jay says he has the best lawyer of the land, and the best they got is to use this, jay needs to go back to that lawyer and say are you fucking kidding me, either way good luck with the hunt

09-11-2009, 10:40 PM	#81
EthnicLover Confirmed User Join Date: Feb 2007 Location: S. California Posts: 1,584	Illegal tubes suck. That is the extent of my contribution to this topic. __________________ Honest adult reviews? - Adult Reviews Ethnic paysite owners? - Get reviewed Follow me? - Twitter Porn

09-12-2009, 10:51 AM	#82
Cash Click on my TCG signature Join Date: Feb 2002 Posts: 20,825	Happy Birthday, Jay __________________ $9.95/month for 15000 GB bandwidth monthly, unlimited (sub)domains and MySQL5, PHP4/5, 500 GB disk storage! ; use any of these invitation codes: 216263692101; 408636009193; 846090586647; my ICQ 30160426!