******Titan Wins Over Tube Site***** - GoFuckYourself.com

JustDaveXxx · 05-31-2010, 12:00 AM

Titan Wins $1.35M Judgment Against MonsterCockTube.com

From AVN.com by G. Zisk Rice
SAN FRANCISCO?A U.S. District Court has awarded Titan Media more than $1.35 million in damages from a tube-site operator whose users infringed the gay adult studio?s intellectual property rights.

In addition, Judge Maxine M. Chesney issued a permanent injunction barring Antelope Media LLC and its owners, representatives and subsidiaries from making any further infringing use of Titan?s property to line their own pockets with advertising revenues and membership fees.
In order to give Titan an opportunity to collect on the summary judgment?rendered in default after the defendants failed to respond to Titan?s lawsuit?Chesney also permanently enjoined Antelope and its associates from transferring domain names and proceeds from domain operations until the judgment has been satisfied in full.

?This ruling clearly shows that the financial and monetary benefits of advertising, affiliate program commissions, and charging membership fee for access quashes the tube sites? defense as an internet service provider,? Titan Vice President Keith Webb said. ?Once you profit directly from the infringement, you become liable for the infringement itself.

?Without income streams adult tube sites cannot survive,? he added. ?With income streams they become liable for the content they are profiting from. Doesn?t sound like a very good position to be in these days.?

Titan filed the copyright-infringement suit last year and served German citizens Thorsten Palicki and Maik Herrmann with court documents in August while the men were on U.S. soil at the Internext trade show in Hollywood, Fla. According to General Counsel Gill Sperlein, Titan filed the original lawsuit in August 2008 and had been chasing Palicki and Herrmann through an evolving web of shell companies until it caught up with them at Internext.

The amended complaint with which Palicki and Herrmann were served is the third to be submitted to the court and the first to name the two men as respondents. Previously, as soon as Titan served the corporate entities listed as the owners of MonsterCockTube, the corporations dissolved and ownership of the website was transferred to another business entity in a new country, Sperlein told AVN. In every case, the new corporation was owned or controlled at least in part by Palicki and Herrmann.

When the suit originally was filed, MonsterCockTube was owned by Antelope Media LLC of Arizona. Antelope dissolved nine days after being served, and MonsterCockTube was transferred to a British company, Sunrise Media Ltd., which disappeared when ownership was transferred to the current domain registrant, Newhaven, located in The Netherlands.

In her ruling, the judge called Antelope?s infringement ?particularly egregious.?
?First, defendants gained commercial advantage by using plaintiff?s copyrighted works, specifically, by displaying plaintiff?s works on defendants? websites, for which they charge their customers, including California residents, a monthly access fee, and on which they earn revenue by selling advertising space, and by enrolling in ?affiliate programs through which [d]efendants receive payments for directing individuals to other websites,? Chesney wrote.

?Second, defendants, within a week of learning of the instant lawsuit, transferred ownership of their websites to fictitious names, in an apparent attempt to evade service and hinder plaintiff?s ability to locate and identify the infringing parties,? she continued. ?Third, defendants have continued their infringing activities after being notified of the instant action. Fourth, defendants engaged in various technological steps to block plaintiff from gaining access to defendants? websites, in an apparent attempt to prohibit plaintiff from learning the full extent of the infringing conduct.?

Perhaps most offensive to the judge was the defendants? repeated attempts to hide their assets. Even though Herrmann and Palicki are foreign nationals, their first company was registered and based in Arizona. Not until MonsterCockTube.com ran afoul of American intellectual property law did Herrmann and Palicki intentionally bankrupt the company by transferring its assets to shells in European nations. That, noted Chesney, was a clear-cut violation of California?s Uniform Fraudulent Transfer Act.
?[G]iven that defendants fraudulently transferred ownership of the domain names from a domestic company, which could have been readily located, to companies and individuals residing outside the United States, it is readily apparent defendants were attempting to preclude or at least make it considerably more difficult for plaintiff to locate any party against whom a judgment could be executed,? Chesney wrote. ?Under such circumstances, and given that plaintiff apparently is aware of the current location of the entities who presently own the domain names, the Court finds it appropriate to prohibit defendants from further transferring ownership of the domain names, or the proceeds thereof, and the record discloses no equitable reason why plaintiff should not be granted [injunctive] relief.?

The lawsuit may turn out to be the least of the German men?s woes. Reportedly well-known and liked within the gay adult industry, Palicki and Herrmann also own and operate the AlphaMaleCash affiliate program. Prior to service of the lawsuit, the connection between AlphaMaleCash and MonsterCockTube was not common knowledge. Subsequently, several large affiliate programs cut their ties to AlphaMaleCash.

Neither Herrmann, Palicki, nor any other representative from AlphaMaleCash or MonsterCockTube has responded to GAYVN?s repeated requests for comment.

NL- it?s a great victory for content owners. Good story AVN.

(Its too bad that MonsterCock could not be reached from comment, rotf, sorry couldn?t help myself.)

http://www.lukeisback.com/?p=12416

ABOUT FUCKING TIME!!!!!!!!!! GO US!!!!!

Davy · 05-31-2010, 12:07 AM

So who's running that site? Antelope Media LLC? Who are they? What other sites do they run? They must be running paysites as well.
Monstercocktube just redirects to another tube site now.
http://monstercockland.com/

k0nr4d · 05-31-2010, 12:10 AM

From what I've heard in the past, wouldn't they have a very hard time collecting said funds from residents of another country?

Raf1 · 05-31-2010, 02:31 AM

yeah, I think they will have a pretty hard time collecting.

seeandsee · 05-31-2010, 04:02 AM

Quote:

Originally Posted by Raf1

yeah, I think they will have a pretty hard time collecting.

it will be hard to get money, but can this step to fill lawsuit against other tubes?

andrej_NDC · 05-31-2010, 04:42 AM

So pretty much nothing changed. The domain re-directs to a new tube domain and there is no way they can collect the money in Europe.

Caligari · 05-31-2010, 05:10 AM

key point in the news-

Quote:

The lawsuit may turn out to be the least of the German men?s woes. Reportedly well-known and liked within the gay adult industry, Palicki and Herrmann also own and operate the AlphaMaleCash affiliate program. Prior to service of the lawsuit, the connection between AlphaMaleCash and MonsterCockTube was not common knowledge. Subsequently, several large affiliate programs cut their ties to AlphaMaleCash.

so even if they have trouble getting the money they have been damaged. other companies break their ties to them, this is a good thing.

ha! got served at internext!!

xanadu · 05-31-2010, 10:59 AM

here:

http://business.avn.com/articles/Tit...om-398692.html

Agent 488 · 05-31-2010, 11:03 AM

there goes my AlphaMaleCash $.

JustDaveXxx · 05-31-2010, 11:24 AM

Quote:

Originally Posted by andrej_NDC

So pretty much nothing changed. The domain re-directs to a new tube domain and there is no way they can collect the money in Europe.

No, a lot is changing. This will be used as a president on future tube sites law suits. This will make it open session on all tube sites that operate illegally. This is the crack in the flood gates that content producers need.

Even if they run out of the country and people dont actually get paid the judgements that the courts award, it is a serious victory and a great start.

Keep in mind there are some tube sites that have other assets in the US that can be confiscated to fulfill any US court ordered judgement.

EXAMPLE: BRAZZERS!!! They have shoot houses, bank accounts and crews working in the US. 2 crews in LA, One in Vegas and one in FL. They shoot over 75 exclusive scenes a month. I highly doubt that they are gonna close up shop or move their productions over seas.

I see Brazzers making all of their tube sites legal. That means, every scene you see, they will have all documents and full rights too. Not that hard when you think about how much money they have and how cheep recycled content is.

Stef. · 05-31-2010, 12:22 PM

Very good news!
Sue the fuckers

$5 submissions · 06-01-2010, 02:29 AM

Given the enormity of rampant tube piracy, every victory helps. Default judgment or otherwise. At least there's a message sent out that content owners/rights holders don't fuck around.

Hentaikid · 06-01-2010, 02:34 AM

Christ dude it's spelled precedent not president

kane · 06-01-2010, 02:35 AM

Maybe I am wrong here, but if they start having trouble getting paid from the company couldn't they just take control of the domain name? I would imagine if they threaten to do that they will get paid pretty quickly.

06-01-2010, 03:05 AM

hopefully this is a start and the overall chance sof winning these suits and collecting the funds successfully will improve

andrej_NDC · 06-01-2010, 03:30 AM

Quote:

Originally Posted by kane

Maybe I am wrong here, but if they start having trouble getting paid from the company couldn't they just take control of the domain name? I would imagine if they threaten to do that they will get paid pretty quickly.

I was thinking that, too. Should be easy to collect their US assets.

kane · 06-01-2010, 03:35 AM

Quote:

Originally Posted by andrej_NDC

I was thinking that, too. Should be easy to collect their US assets.

Yep, all they should have to do is go to the court and show that the tube isn't paying them and the court should allow them to seize the domain as a way to recoup the damages.

Nathan · 06-01-2010, 03:44 AM

Are all of you complete idiots?

This ruling means nothing for other tube sites. They did not even TRY to defend, they RAN AWAY when it happened, and so on... they also charged a MEMBERSHIP FEE to view the content... All of that is obviously a problem...

Most big tube sites out there do none of the above...

Again, this win by Titan means absolutely nothing for most tubes out there..

Nathan · 06-01-2010, 03:44 AM

Quote:

Originally Posted by kane

Yep, all they should have to do is go to the court and show that the tube isn't paying them and the court should allow them to seize the domain as a way to recoup the damages.

And do what with it? Run a tube? LOL...

kane · 06-01-2010, 03:48 AM

Quote:

Originally Posted by Nathan

And do what with it? Run a tube? LOL...

Here is an idea. . . redirect all the traffic and make some money with it. Put up a legal tube site and make some money with it. Sell the domain outright to someone else. I'm sure you may not get the 1.35 million in the judgment, but whatever you do get is more than nothing and you can still go after anything else you can get your hands on to get the rest of your settlement and you just shut their tube site down for good.

Also, if this company owns multiple tube sites you might be able to take all of their domains.

Zayne E. · 06-01-2010, 03:54 AM

Quote:

Originally Posted by Hentaikid

Christ dude it's spelled precedent not president

Thanks...beat me to it...

closer · 06-01-2010, 04:22 AM

Quote:

Originally Posted by Nathan

Are all of you complete idiots?

This ruling means nothing for other tube sites. They did not even TRY to defend, they RAN AWAY when it happened, and so on... they also charged a MEMBERSHIP FEE to view the content... All of that is obviously a problem...

Most big tube sites out there do none of the above...

Again, this win by Titan means absolutely nothing for most tubes out there..

Exactly

1. they charged fees to view the stolen content > eg tube8 is not
2. they transferred domains / companies to evade and hinder (bad faith)
3. they continued after receiving a DMCA

And ofcourse they ran away, they would take a German or Dutch prison over a US prison any day

I think they just tried a "Pirate Bay" but then a poor attempt at it

Naechy · 06-01-2010, 05:51 AM

hopefully this is a start and the overall chance sof winning these suits and collecting the funds successfully will improve

yes it is

Wizzo · 06-01-2010, 06:06 AM

Quote:

Originally Posted by closer

1. they charged fees to view the stolen content > eg tube8 is not

Really? http://enter.t8premium.com/signup/si...NTozNA,0,0,0,0

NinjaSteve · 06-01-2010, 06:14 AM

Quote:

Originally Posted by Zayne E.

Thanks...beat me to it...

Quote:

Originally Posted by Hentaikid

Christ dude it's spelled precedent not president

Spelling police alert! Spelling police alert!
... things happen

Kick Ass Chat · 06-01-2010, 06:36 AM

Quote:

Originally Posted by Nathan

And do what with it? Run a tube? LOL...

LOL...hahaha thats funny.

JustDaveXxx · 06-01-2010, 01:19 PM

Quote:

Originally Posted by Wizzo

Really? http://enter.t8premium.com/signup/si...NTozNA,0,0,0,0

Thats pretty bad, when you are charging for content that you dont even own. WTF??

Maybe i will open up my own register at Walmart and charge people that line up in my line for things they shopped for inside Walmart. Wonder how well that will go over. I will set it up next to register one and call it register zero.

Semi-Retired-Dave · 06-01-2010, 01:20 PM

Good for them. More should tumble down with this.

fatfoo · 06-01-2010, 01:22 PM

Congratulations to Titan with intellectual property rights.

Lace · 06-01-2010, 02:22 PM

Quote:

Originally Posted by Wizzo

Really? http://enter.t8premium.com/signup/si...NTozNA,0,0,0,0

Nice to see NATs supporting tubes.

05-31-2010, 12:00 AM	#1
JustDaveXxx I AM JUSTDAVE ! Industry Role: Join Date: Feb 2005 Location: LA Posts: 4,111	****Titan Wins Over Tube Site*** Titan Wins $1.35M Judgment Against MonsterCockTube.com From AVN.com by G. Zisk Rice SAN FRANCISCO?A U.S. District Court has awarded Titan Media more than $1.35 million in damages from a tube-site operator whose users infringed the gay adult studio?s intellectual property rights. In addition, Judge Maxine M. Chesney issued a permanent injunction barring Antelope Media LLC and its owners, representatives and subsidiaries from making any further infringing use of Titan?s property to line their own pockets with advertising revenues and membership fees. In order to give Titan an opportunity to collect on the summary judgment?rendered in default after the defendants failed to respond to Titan?s lawsuit?Chesney also permanently enjoined Antelope and its associates from transferring domain names and proceeds from domain operations until the judgment has been satisfied in full. ?This ruling clearly shows that the financial and monetary benefits of advertising, affiliate program commissions, and charging membership fee for access quashes the tube sites? defense as an internet service provider,? Titan Vice President Keith Webb said. ?Once you profit directly from the infringement, you become liable for the infringement itself. ?Without income streams adult tube sites cannot survive,? he added. ?With income streams they become liable for the content they are profiting from. Doesn?t sound like a very good position to be in these days.? Titan filed the copyright-infringement suit last year and served German citizens Thorsten Palicki and Maik Herrmann with court documents in August while the men were on U.S. soil at the Internext trade show in Hollywood, Fla. According to General Counsel Gill Sperlein, Titan filed the original lawsuit in August 2008 and had been chasing Palicki and Herrmann through an evolving web of shell companies until it caught up with them at Internext. The amended complaint with which Palicki and Herrmann were served is the third to be submitted to the court and the first to name the two men as respondents. Previously, as soon as Titan served the corporate entities listed as the owners of MonsterCockTube, the corporations dissolved and ownership of the website was transferred to another business entity in a new country, Sperlein told AVN. In every case, the new corporation was owned or controlled at least in part by Palicki and Herrmann. When the suit originally was filed, MonsterCockTube was owned by Antelope Media LLC of Arizona. Antelope dissolved nine days after being served, and MonsterCockTube was transferred to a British company, Sunrise Media Ltd., which disappeared when ownership was transferred to the current domain registrant, Newhaven, located in The Netherlands. In her ruling, the judge called Antelope?s infringement ?particularly egregious.? ?First, defendants gained commercial advantage by using plaintiff?s copyrighted works, specifically, by displaying plaintiff?s works on defendants? websites, for which they charge their customers, including California residents, a monthly access fee, and on which they earn revenue by selling advertising space, and by enrolling in ?affiliate programs through which [d]efendants receive payments for directing individuals to other websites,? Chesney wrote. ?Second, defendants, within a week of learning of the instant lawsuit, transferred ownership of their websites to fictitious names, in an apparent attempt to evade service and hinder plaintiff?s ability to locate and identify the infringing parties,? she continued. ?Third, defendants have continued their infringing activities after being notified of the instant action. Fourth, defendants engaged in various technological steps to block plaintiff from gaining access to defendants? websites, in an apparent attempt to prohibit plaintiff from learning the full extent of the infringing conduct.? Perhaps most offensive to the judge was the defendants? repeated attempts to hide their assets. Even though Herrmann and Palicki are foreign nationals, their first company was registered and based in Arizona. Not until MonsterCockTube.com ran afoul of American intellectual property law did Herrmann and Palicki intentionally bankrupt the company by transferring its assets to shells in European nations. That, noted Chesney, was a clear-cut violation of California?s Uniform Fraudulent Transfer Act. ?[G]iven that defendants fraudulently transferred ownership of the domain names from a domestic company, which could have been readily located, to companies and individuals residing outside the United States, it is readily apparent defendants were attempting to preclude or at least make it considerably more difficult for plaintiff to locate any party against whom a judgment could be executed,? Chesney wrote. ?Under such circumstances, and given that plaintiff apparently is aware of the current location of the entities who presently own the domain names, the Court finds it appropriate to prohibit defendants from further transferring ownership of the domain names, or the proceeds thereof, and the record discloses no equitable reason why plaintiff should not be granted [injunctive] relief.? The lawsuit may turn out to be the least of the German men?s woes. Reportedly well-known and liked within the gay adult industry, Palicki and Herrmann also own and operate the AlphaMaleCash affiliate program. Prior to service of the lawsuit, the connection between AlphaMaleCash and MonsterCockTube was not common knowledge. Subsequently, several large affiliate programs cut their ties to AlphaMaleCash. Neither Herrmann, Palicki, nor any other representative from AlphaMaleCash or MonsterCockTube has responded to GAYVN?s repeated requests for comment. NL- it?s a great victory for content owners. Good story AVN. (Its too bad that MonsterCock could not be reached from comment, rotf, sorry couldn?t help myself.) http://www.lukeisback.com/?p=12416 ABOUT FUCKING TIME!!!!!!!!!! GO US!!!!! __________________ Smut Peddler Productions.com ICQ #378-696-435 / / Skype: JustDaveXxx "We shoot custom, exclusive content your way"

05-31-2010, 12:07 AM	#2
Davy Confirmed User Industry Role: Join Date: Apr 2006 Location: Germany Posts: 4,323	So who's running that site? Antelope Media LLC? Who are they? What other sites do they run? They must be running paysites as well. Monstercocktube just redirects to another tube site now. http://monstercockland.com/ __________________ --- ICQ 14-76-98 <-- I don't use this at all

05-31-2010, 12:10 AM	#3
k0nr4d Confirmed User Industry Role: Join Date: Aug 2006 Location: Poland Posts: 9,228	From what I've heard in the past, wouldn't they have a very hard time collecting said funds from residents of another country? __________________ Mechanical Bunny Media Mechbunny Tube Script \| Mechbunny Webcam Aggregator Script \| Custom Web Development

05-31-2010, 02:31 AM	#4
Raf1 Too lazy to set a custom title Join Date: Oct 2003 Location: Writer for hire :) Gallery descriptions, articles, blog posts etc. ICQ: 209 356 106 Posts: 12,117	yeah, I think they will have a pretty hard time collecting. __________________ 80% Revshare or 30$ PPS on $1 trials: 200 Niches = Vidz.com Galleries / FLVs / Embeds 3 & 5mins FLVs \| RSS & Tube Feeds \| Matching Thumbs \| FLV Browser & Exporter \| No Prechecked Xsales >> Mobile Redirection Script: mobile.vidz.com also paying 80% net Lifetime << ICQ: 198-394-557

05-31-2010, 10:59 AM	#8
xanadu bot Industry Role: Join Date: Sep 2006 Location: Barcelona Posts: 997	original post here: http://business.avn.com/articles/Tit...om-398692.html __________________ GFY Admin [email protected] https://linktr.ee/xxx

05-31-2010, 04:42 AM	#6
andrej_NDC Registered User Industry Role: Join Date: May 2004 Posts: 7,760	So pretty much nothing changed. The domain re-directs to a new tube domain and there is no way they can collect the money in Europe.

05-31-2010, 11:03 AM	#9
Agent 488 Registered User Industry Role: Join Date: Feb 2006 Posts: 22,511	there goes my AlphaMaleCash $.

05-31-2010, 12:22 PM	#11
Stef. Confirmed User Industry Role: Join Date: Feb 2009 Posts: 995	Very good news! Sue the fuckers __________________ Try RSTGP : A Really Simple FREE Thumb Rotator Script. You Can Build A Complete TGP Site In 20 Minutes... contact me if you have questions (example site : Teen Sex Galleries ) Sexy Cams Online

06-01-2010, 02:29 AM	#12
$5 submissions I help you SUCCEED Industry Role: Join Date: Nov 2003 Location: The Pearl of the Orient Seas Posts: 32,195	Given the enormity of rampant tube piracy, every victory helps. Default judgment or otherwise. At least there's a message sent out that content owners/rights holders don't fuck around. __________________ Need a NON-ADULT income stream? We build your YOUTUBE CHANNEL for only $20 per video! For Hire: $3/hour or $400 per month Marketing Specialist Virtual Assistants

06-01-2010, 02:34 AM	#13
Hentaikid Confirmed User Join Date: Nov 2002 Posts: 1,249	Christ dude it's spelled precedent not president

06-01-2010, 02:35 AM	#14
kane Too lazy to set a custom title Join Date: Aug 2001 Location: portland, OR Posts: 20,684	Maybe I am wrong here, but if they start having trouble getting paid from the company couldn't they just take control of the domain name? I would imagine if they threaten to do that they will get paid pretty quickly.

06-01-2010, 03:05 AM	#15
Altwebdesign Guest Posts: n/a	hopefully this is a start and the overall chance sof winning these suits and collecting the funds successfully will improve

06-01-2010, 03:44 AM	#18
Nathan Confirmed User Industry Role: Join Date: Jul 2003 Posts: 3,108	Are all of you complete idiots? This ruling means nothing for other tube sites. They did not even TRY to defend, they RAN AWAY when it happened, and so on... they also charged a MEMBERSHIP FEE to view the content... All of that is obviously a problem... Most big tube sites out there do none of the above... Again, this win by Titan means absolutely nothing for most tubes out there.. __________________ "Think about it a little more and you'll agree with me, because you're smart and I'm right." - Charlie Munger

06-01-2010, 05:51 AM	#23
Naechy Confirmed User Industry Role: Join Date: Sep 2007 Posts: 6,497	hopefully this is a start and the overall chance sof winning these suits and collecting the funds successfully will improve yes it is __________________ Adult SEO Labs * Buying Links * SEO 666-874

06-01-2010, 01:20 PM	#28
Semi-Retired-Dave Too lazy to set a custom title Join Date: Apr 2004 Location: LA Posts: 11,190	Good for them. More should tumble down with this. __________________ Support a Good Cause

06-01-2010, 01:22 PM	#29
fatfoo ICQ:649699063 Industry Role: Join Date: Mar 2003 Posts: 27,763	Congratulations to Titan with intellectual property rights. __________________ Send me an email: [email protected]