Nathan / Fabian - Please step inside. Time to step up to the plate.

I do not believe in violence.. if you do, I'm very sorry for you...

Robbie,
Deleting the whole site is completely different than taking down one specific video or a group of videos without a red-flag knowledge or DMCA. I would consider it selecting content. But again, I am not a lawyer, and because of that we are checking with some... until they tell me their opinion, I am not going to change anything, how ever often you call me a thief, stupid or an idiot.

BTW, I've been online since 1995 and done work in the adult entertainment industry since 1996.

When do you think you will you be able to discuss this with your lawyers? As you can see there are many people who are upset over the issue and who would appreciate swift action.

Tuesday.

Nice to see.

You should believe in violence, it happens everyday and has tragic endings. How many people's businesses have to be ruined before someone resorts to it?

You are basically talking shit though. You saying, you don't have the right to selectively delete something from your own server? Now, you know as well as everybody else here does, that is absolute rubbish. Lawyers have nothing to do with it. It's your site, your rules - you can delete what you want, when you want.

Are you pretending, or are you actually this stupid? Not only are you threatening physical violence in a public forum, you are also completely oblivious to DMCA rules. Get it in your head, IT IS NOT FOR ME TO DECIDE WHAT GOES UP ON THE SITE OR NOT!! If I start deciding that, I lose safe harbor under DMCA, and rightly so.

I'm done with you though, so do not even bother replying anymore, at least not to me.

Are you actually this stupid? Show me one place, where I've threatened you at all? Pull your head out of your arse, son.

It IS for you to decide what goes up, you have that choice. You have editorial control.
Either stop lying to us, or stop lying to yourself.

I don't believe you threatened him either but I think he took it that way. He's agreed to talk the matter over with a lawyer so I think we should leave him alone and see what he has to say then. I can't see a lawyer advising him that he cannot remove all videos uploaded by a terminated user and/or disable all videos uploaded by a suspended user. Especially since that is what Youtube essentially does. If the lawyers state otherwise then it will be....most interesting.

Maybe he took it that way because he does know what he's doing is wrong - and watches his back.
He's not talking to a lawyer ... he's paying us lip-service. He knows what is what.

Save your money ... below an excerpt from the tube of all tubes YouTube - http://www.youtube.com/t/terms

7. Account Termination Policy

1. YouTube will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.

2. YouTube reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. YouTube may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.

In regards to editorial rights - that may be an issue if you were going to edit a particular work. Deletion of a work entirely is a different matter; not editorial.

Bottom line add something like the following to your TOS ... "If we receive two or more verified DMCA claims within any 30 calendar day period, your account will be terminated and all its associated content will be deleted." That may be a bit extreme, but you get the idea.

Then somewhere else in your TOS add something like "We reserve the right to delete any user uploaded content at any time, for any reason." as a catch-all to cover situations in which the user's content may be legal, but is offensive or somehow unsuitable for the service, such as being off-topic or too similar content, etc.

Ron

Ron,

As you pasted, YouTube does not say they remove all videos once they terminate access, they also do not say what a repeat infringer is. Unless I missed that part obviously.

And no, editorial rights, as per DMCA, is selecting content. We can for example not choose what content we like that gets uploaded and what we do not and then not let certain things come online. This is illegal as per DMCA. Deleting videos after the fact with a reason like "you uploaded 2000 videos and 2 were DMCA'd, obviously all other 1998 are infringing although interestingly enough we have only received 2 DMCA's in the last 2 months" does not sound so great to me. Of course we could just guess... but let's imagine this...

There is a user, he runs a service which uploads videos to tubes for content owners. The content owners hire him to upload. One of the content owners changes his mind and DMCA's the 2 videos he had him upload. So now we delete the other 1000 videos the user uploaded... We had no reason to do so in the end. Actually, in theory, one of the content owners could sue us because of unfair competition caused when we removed their video from our site and thus cost them branding views.

I know, I know, everyone will now again call me a thief and stupid and that I have no clue and that obviously I am just playing... still, I have the urge to comment... stupid me.

your the one who is demanding that manwin change their policy because you believe no one will sue.

I am simply telling you to back your "Belief" with some cash.

violating the TOS would including leaving in a watermark.
there could be hundreds of videos that violate that term, so removing them could censor free speach too.

because i know people with money will simply sue even if they have no shot of winning just to try and censor fair use.

I am not paying for that.

Your the one claiming they won't sue, that the point, if you truely believed that put up the cash.

Anything less is basically asking manwin to create a liablity for themselves when they don't have too under the law.

Yeah, I know...programmer. Fringe involvement at best. And I don't think you're stupid at all..I think you're playing dumb.

Whatever.

You can take down any damn thing you please on YOUR site. Matter of fact you can SELECT SPECIFIC videos that you just don't like. Maybe they don't make your dick hard? Or maybe you just see them and realize they are STOLEN. There is no law on Earth that says you can't do whatever you please on YOUR sites.

The law is in place to protect you from lawsuits if a user uploads stolen content. It's just that simple. Everything else you are saying is not correct.

As I said before...what if tomorrow you found religion? And you decided you wanted to take every porn video off the site and put up only religious videos? Are you TRYING to tell me the DMCA "law" won't allow you to do that?

I can only shake my head at you for even saying you would need to ask an attorney.

The DMCA is not there to stop a site owner from changing his site in ANY way he sees necessary and you know that. It's there to keep HONEST site owners from being persecuted for the sins of an uploader.

And like most of the less ethical pirate sites out there you are twisting this around to suit your purpose of using stolen content to boost your traffic.

You must have laid the smack down HARD on Pink Visual.

Obviously you can still act like this and say and do the things you're doing and you're reputation is already shit in this business. Ain't much can be done to hurt you at this point.
But poor Top Bucks is being made to look like total fools by you. As are the FSC. And if you think these are just the opinions of this zoo called GFY...you should read the much more serious thread on the XBiz forum that has no trolls on it.

Honestly Fabian...you don't hurt my paysite business. I am untouchable because of our fan base.

But my work as an affiliate for hundreds of other programs...destroyed.

So you can laugh knowing that cost me a loss of over 60 grand a month compared to my 2007 figures on Stats Remote. Good job! Pornhubs traffic grew to unprecedented heights as my tgps dropped off the map.

So all affiliate programs...if you're wondering why I'm not sending you sales anymore, that's why. I'm promoting the fuck out of you...but who wants to look at your promo materials when they can watch full scenes right out of your members area at a pirate site?

Luckily for me...I make enough money that losing 60 grand a month still hasn't slowed me down. But I'm one in a million in my circumstances. All the folks out here that this kind of thing has crushed feel a lot differently toward you.

I can take you or leave you. I'm mostly just giving you grief because of the incredulous things you are saying and the shock I'm in over how you are treating Top Bucks and the FSC like bitches by embarrassing them so badly with your posts and the fact that you are STILL monetizing Pink Visual's property while they try to figure out how to run this software.

I got a big set of balls. But the guys at MANSEF always had a big ass set too. And you being the "guy" now...and the MANWIN company are showing that you not only don't give a flying fuck, but you are also happy to rub the nose of Top Bucks in the ground for daring to stand up to you.

Fabian,

Please talk it over with your lawyers but FYI here is an example of a suspended Youtube account:

http://www.youtube.com/user/Barbaricsshadow

Here is what ALL the user's videos come up as:

http://www.youtube.com/watch?v=gXhoVgVp3cs

As you can see all the user's videos are taken down, including the channel. The user's content is no longer available.

Here are some of Youtube's guidilines:

http://www.google.com/support/youtub...y?answer=57391

http://help.youtube.com/support/yout...y?answer=92486

As you can see Youtube even specifies that a user MAY NOT reopen another user account after being terminated. Youtube even takes proactive steps to prevent them from doing so including banning the email used for the terminated account. There are even suggestions that if a user ever changes their email address to that old address after successfully opening an account under another email, the new account is also banned IMMEDIATELY.

I should also mention that after two strikes they prevent a user from uploading additional videos for a certain period of time.

signupdamnit , Fabian would like to read the YouTube rules and how they handle this...but he's going to have to check with his lawyer before he can read it.

And even when he does read it, he's going to have to ask his lawyer what it means.

And then he will have to ask his lawyer if he can take a piss in the morning...you get the picture.

Bottom line, if your shit keeps getting uploaded to pornhub over and over and over again while you keep wasting your valuable time and effort dmca'ing the same shit down over and over and over again...Fabian is going to keep laughing and asking his lawyer which bank he should put all the money he's making off of your work into.

And by the way...don't you realize that Fabian has much better attorneys than You Tube/Google? His lawyer knows DMCA much better than they do. And in case none of you have been reading Fabian's posts...he has "owned" Manwin for a few months, before that he worked as a programmer for NATS. (the pay for a programmer there is apparently REAL good....ie: MILLIONS). But somehow he knows more about DMCA than all of us who have been doing this a lot longer than he has (not counting him writing scripts for TMM)

So to recap: Fabian can't do anything...and I mean anything without asking his lawyer. Fabian is super rich. And even though Fabian said he owns the company and he knows more about DMCA than any of us, he never seems to have the answers for any questions on how Pornhub works or whether he is allowed to delete anything he pleases to on "his" site.

Got it? I know I do.