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xxxjay

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The End Of Illegal Tubes Starts HERE

09-04-2009, 04:38 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

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#2

09-04-2009, 04:40 PM

sig spot

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#3

09-04-2009, 04:40 PM

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

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09-04-2009, 04:44 PM

best of luck Jay, if you are going after them

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#5

09-04-2009, 04:46 PM

Best of luck with that

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#6

09-04-2009, 04:49 PM

sounds like a war...
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#7

09-04-2009, 04:50 PM

Counterfit tangeable goods do not fall under the same laws as digital properties if I am not mistaken.
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xxxjay

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#8

09-04-2009, 04:51 PM

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.

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#9

09-04-2009, 04:53 PM

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.

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#10

09-04-2009, 04:58 PM

http://donttellmehowtoruinmylife.com/ - http://www.jmdigitalmarketing.com/my...s-and-reviews/ - http://www.wouldyouhitit.org - http://shinyobjectreviews.com/
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#11

09-04-2009, 04:59 PM

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

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#12

09-04-2009, 05:06 PM

Hell yea, go for the gold!
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#13

09-04-2009, 05:06 PM

bump sig

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#14

09-04-2009, 05:17 PM

Let us hope the precedence sticks.

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#15

09-04-2009, 05:19 PM

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

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#16

09-04-2009, 05:24 PM

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

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#17

09-04-2009, 05:27 PM

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

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#18

09-04-2009, 05:30 PM

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.

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#19

09-04-2009, 05:32 PM

whatever u say

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#20

09-04-2009, 05:35 PM

they've been almost ending for years now.
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#21

09-04-2009, 05:36 PM

Apples & Oranges...It will never work..But good luck..
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#22

09-04-2009, 05:39 PM

big up man

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#23

09-04-2009, 05:40 PM

giddeongallery must be on vacation

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#24

09-04-2009, 05:41 PM

Good luck, glad to see you seem to be taking some action.
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#25

09-04-2009, 05:48 PM

this is not the precedent setter you think it is

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.

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#26

09-04-2009, 05:56 PM

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

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#27

09-04-2009, 06:15 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)...

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#28

09-04-2009, 06:22 PM

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.

http://donttellmehowtoruinmylife.com/ - http://www.jmdigitalmarketing.com/my...s-and-reviews/ - http://www.wouldyouhitit.org - http://shinyobjectreviews.com/
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#29

09-04-2009, 06:29 PM

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.

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#30

09-04-2009, 06:31 PM

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

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#31

09-04-2009, 07:01 PM

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.

http://donttellmehowtoruinmylife.com/ - http://www.jmdigitalmarketing.com/my...s-and-reviews/ - http://www.wouldyouhitit.org - http://shinyobjectreviews.com/
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#32

09-04-2009, 07:08 PM

if you read the article seems gideon is right.
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#33

09-04-2009, 07:09 PM

damn nice vid thanx

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#34

09-04-2009, 07:48 PM

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

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#35

09-04-2009, 07:56 PM

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.

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#36

09-04-2009, 08:01 PM

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.
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#37

09-04-2009, 08:03 PM

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.
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#38

09-04-2009, 08:03 PM

non-illegal tubes FTW

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#39

09-04-2009, 08:16 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.

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#40

09-04-2009, 08:52 PM

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?

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xxxjay

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#41

09-04-2009, 11:05 PM

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.

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#42

09-05-2009, 02:42 AM

Originally posted by bbwebmaster

sounds like a war...

It's FARGIN WAR!!!!!
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#43

09-05-2009, 02:43 AM

at this thread
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#44

09-05-2009, 02:51 AM

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

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#45

09-05-2009, 04:19 AM

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.

Last edited by Pleasurepays; 09-05-2009, 04:21 AM.
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#46

09-05-2009, 05:19 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.

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#47

09-05-2009, 07:07 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
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#48

09-05-2009, 07:16 AM

so the tube site owners delete anything with a watermark?

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
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#49

09-05-2009, 07:31 AM
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#50

09-05-2009, 09:07 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.

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