Question about legality: If you have something LEGALLY but claim otherwise... - GoFuckYourself.com

PornMD · 10-24-2009, 03:05 PM

This sparked my curiosity when I saw in another thread about a site made with legal licensed content but claimed on site to be stolen content. Is there any possible issues with that? Do you have to somewhere on site in some disclaimer state that it actually IS legal licensed content? If it is legal, has anyone who has done this tactic run into any problems with it anyways?

I do have a serious curiosity about this but asking this kind of reminds me of the Seinfeld episode where Jerry gives his dad a "Wizard" and said he got a really good deal on it. His dad is excited about it only BECAUSE Jerry said he got a deal on it and was even more excited about the notion that it may have been "hot".

Pleasurepays · 10-24-2009, 03:09 PM

its still a fraudulent misrepresentation

After Shock Media · 10-24-2009, 03:13 PM

Hard to say as the FTC and other such organizations do not patrol the net.
Not saying there are not laws people or agencies could nail you on if some felt like it.

Or say you claim it is all stolen, then some model wants it off your site and takes you to court.

marketsmart · 10-24-2009, 03:15 PM

its funny how many people on the net have no clue about illegal sales/marketing practices... i see people breaking the law all the time and they probably have no idea they are doing it..

Barefootsies · 10-24-2009, 03:26 PM

Quote:

Originally Posted by marketsmart

its funny how many people on the net have no clue about illegal sales/marketing practices... i see people breaking the law all the time and they probably have no idea they are doing it..

Agent 488 · 10-24-2009, 03:30 PM

i sale legal stolen contents.

PornMD · 10-24-2009, 03:34 PM

Quote:

Originally Posted by marketsmart

its funny how many people on the net have no clue about illegal sales/marketing practices... i see people breaking the law all the time and they probably have no idea they are doing it..

The funny thing is a lot of the supposed "gurus" in the internet marketing world are guilty of a lot of it. Misrepresentations are the norm with all the info products and other crap they sell.

I had a feeling it was illegal but wanted to make sure - if it WASN'T then I had a great idea for a site (kind of stemming from the exgf niche, which yes is riddled with stolen content). "Misrepresentation" didn't don on me for some reason.

I guess an offshoot question then is: Would ANY "caught ______" kind of site then be guilty of misrepresentation if they're presenting pictures/vids of people caught doing whatever as if they're being presented without that person's consent when it really IS with that person's consent?

Poindexterity · 10-24-2009, 03:36 PM

slangin mix tapes back in the day taught me this:
if something is free, people view it as worthless.
if something is stolen, people view it as priceless.

i sold so many "stolen" mix tapes back in the day.

kane · 10-24-2009, 03:46 PM

I wonder how different that is from when you see a site claiming something like, "#1 teen site on the net with 10,000 pictures!" then you get inside and realize that the teen site has about 200 pictures, but you get access to 40 other crappy sites as well and when you add it all up it comes to 10,000 pictures.

marketsmart · 10-24-2009, 03:47 PM

Quote:

Originally Posted by PornMD

The funny thing is a lot of the supposed "gurus" in the internet marketing world are guilty of a lot of it. Misrepresentations are the norm with all the info products and other crap they sell.

I had a feeling it was illegal but wanted to make sure - if it WASN'T then I had a great idea for a site (kind of stemming from the exgf niche, which yes is riddled with stolen content). "Misrepresentation" didn't don on me for some reason.

I guess an offshoot question then is: Would ANY "caught ______" kind of site then be guilty of misrepresentation if they're presenting pictures/vids of people caught doing whatever as if they're being presented without that person's consent when it really IS with that person's consent?

you should go for it.. i doubt the ftc will be knocking on your door... the ftc is a joke when it comes to protecting consumers.. they slap a little fine on you and tell you not to do it again..

unless you are straight up defrauding people, don't worry about it...

Iron Fist · 10-24-2009, 04:04 PM

If everything was 100% legal, we'd all be running text only free sites.

After Shock Media · 10-24-2009, 04:13 PM

Quote:

Originally Posted by kane

I wonder how different that is from when you see a site claiming something like, "#1 teen site on the net with 10,000 pictures!" then you get inside and realize that the teen site has about 200 pictures, but you get access to 40 other crappy sites as well and when you add it all up it comes to 10,000 pictures.

I would reason that would fall under legal puffery. As long as they did get 10,000 pictures with their membership, then there are no real lies. Saying things like the best, cherry, top rated, number 1, excellent, and other such descriptive words that would change from person to person are typically legal and just considered puff.

kane · 10-24-2009, 04:18 PM

Quote:

Originally Posted by After Shock Media

I would reason that would fall under legal puffery. As long as they did get 10,000 pictures with their membership, then there are no real lies. Saying things like the best, cherry, top rated, number 1, excellent, and other such descriptive words that would change from person to person are typically legal and just considered puff.

yeah, you make a good point. They do end up getting 10k teen pics, maybe just not the type they thought they would be getting.

woj · 10-24-2009, 04:33 PM

Quote:

Originally Posted by kane

yeah, you make a good point. They do end up getting 10k teen pics, maybe just not the type they thought they would be getting.

you really just need 5000 pics... 5000 pics + 5000 thumbs

nowhere are you claiming that the 10k pics are unique

After Shock Media · 10-24-2009, 05:53 PM

Quote:

Originally Posted by woj

you really just need 5000 pics... 5000 pics + 5000 thumbs

nowhere are you claiming that the 10k pics are unique

There are laws that do consider reasonable expectations. The buyer always wins in such a default when the terminology is at question. (or the writer of a contract will typically loose in same situation).
Just like you could not include graphics or whatever.

As others have said though, many people violate many advertising laws, claims, etc. Plus many violate contest laws and well lets just say laws.

Hotrocket · 10-24-2009, 06:00 PM

I would say you would be within legal bounds if you put some fine print disclaimer text somewhere on the site/page/tos that says its not really stolen, its just a marketing technique, a parody, we do not endorse or support content theft, no actual animals were harmed in the making of this production, closed course professional driver, do not try this at home... blah blah blah...

10-24-2009, 03:13 PM	#3
After Shock Media It's coming look busy Join Date: Mar 2001 Location: "Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn". Posts: 35,299	Hard to say as the FTC and other such organizations do not patrol the net. Not saying there are not laws people or agencies could nail you on if some felt like it. Or say you claim it is all stolen, then some model wants it off your site and takes you to court. __________________ [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

10-24-2009, 04:04 PM	#11
Iron Fist Too lazy to set a custom title Join Date: Dec 2006 Posts: 23,400	If everything was 100% legal, we'd all be running text only free sites. __________________ i like waffles

10-24-2009, 03:05 PM	#1
PornMD Mainstream Businessman Industry Role: Join Date: Jan 2007 Location: San Diego Posts: 9,291	Question about legality: If you have something LEGALLY but claim otherwise... This sparked my curiosity when I saw in another thread about a site made with legal licensed content but claimed on site to be stolen content. Is there any possible issues with that? Do you have to somewhere on site in some disclaimer state that it actually IS legal licensed content? If it is legal, has anyone who has done this tactic run into any problems with it anyways? I do have a serious curiosity about this but asking this kind of reminds me of the Seinfeld episode where Jerry gives his dad a "Wizard" and said he got a really good deal on it. His dad is excited about it only BECAUSE Jerry said he got a deal on it and was even more excited about the notion that it may have been "hot". __________________ Want to crush it in mainstream with Facebook ads? Hit me up.

10-24-2009, 03:09 PM	#2
Pleasurepays BANNED - SUPPORTING TUBES Join Date: Aug 2002 Location: I live in a pile of boogers Posts: 11,913	its still a fraudulent misrepresentation

10-24-2009, 03:15 PM	#4
marketsmart HOMICIDAL TROLL KILLER Industry Role: Join Date: Dec 2004 Location: Sunnybrook Institution for the Criminally Insane Posts: 20,419	its funny how many people on the net have no clue about illegal sales/marketing practices... i see people breaking the law all the time and they probably have no idea they are doing it..

10-24-2009, 03:30 PM	#6
Agent 488 Registered User Industry Role: Join Date: Feb 2006 Posts: 22,511	i sale legal stolen contents.

10-24-2009, 03:36 PM	#8
Poindexterity Confirmed User Industry Role: Join Date: Feb 2008 Location: America's butthole, TX Posts: 882	slangin mix tapes back in the day taught me this: if something is free, people view it as worthless. if something is stolen, people view it as priceless. i sold so many "stolen" mix tapes back in the day.

10-24-2009, 03:46 PM	#9
kane Too lazy to set a custom title Join Date: Aug 2001 Location: portland, OR Posts: 20,684	I wonder how different that is from when you see a site claiming something like, "#1 teen site on the net with 10,000 pictures!" then you get inside and realize that the teen site has about 200 pictures, but you get access to 40 other crappy sites as well and when you add it all up it comes to 10,000 pictures.

10-24-2009, 06:00 PM	#16
Hotrocket Confirmed User Join Date: May 2004 Posts: 1,327	I would say you would be within legal bounds if you put some fine print disclaimer text somewhere on the site/page/tos that says its not really stolen, its just a marketing technique, a parody, we do not endorse or support content theft, no actual animals were harmed in the making of this production, closed course professional driver, do not try this at home... blah blah blah...