SoBeGirl VS AMA
 

I know you guys love a blood bath but this is going to be simple. The links you see below are copies if invoiced I paid Joe to own his content and sell as I wish. I paid thousands of dollars for his content and for this right. I always requested I get the source tape so I would have the highest quality files and he always sent them to me as long as I paid. And I paid Thousands. I think if you add it up it is over 10 thousand dollars to have his content and the right to do as I wish with it. There is no mention anywhere of a floor-selling price. I have all model release forms and Photo Ids as well. You can see on some of the invoices that I was very diligent about Joe giving me the model release forms and photo IDs. Some are missing from the tapes he sent me and I noted those sets on the invoice and returned those sets to Joe. I do not know if Joe is selling that content or not on his own site but I would not sell them on SoBeGirl. Joe sold a lot of content to me because at that time he needed the money. We were not competing directly at that time so there was no issue of what I could sell it for. This point only came up after I had captured, processed, edited, made Jpg screen caps, made trailer videos, rendered the content and then updated SoBeGirl with the new sets. All these Processes cost me about another 10 thousand dollars. Only after all this work was done and I invested over 20 thousand dollars, did I hear comments from him on what I could do with content that I paid for and was delivered to me time and time again. And I want to make a point, which I keep saying over and over again. I am not singling Joe out here. I am selling SoBeGirl content for 5 dollars a set too. My content, content I shot and created my self. I am selling content from other producers on SoBeGirl for 5 dollars a set as well. This is a free market and if I want I can drop prices to 1 dollar a set if I feel like it. I have the right to do so and nobody can tell me otherwise. Now that this whole matter is taken to the boards I think that the best thing to do is let the board be the Judge. I will let you ? the Webmasters settle this issue for Joe and I. I don?t want to hurt anyone. I just want to stay in business and compete. Joe needs to understand that. Joe needs to see where the market is going and fall in. So, esteemed board members, how should this be settled? Should Joe pay me back for my costs incurred buying and processing the content and then I will relinquish the rights I have to sell it back to him? Should Joe shut up and leave me alone so that I can continue giving webmasters great deals. Should Joe just dig in and start competing on price like J$tyles is doing and like I am doing? You be the judge and jury. I am willing to go with whatever the majority has to say. Because the majority are my customers and I must do as they wish or I have no business.

[IMG]http://www.*************/joe/j1.jpg[/IMG]
[IMG]http://www.*************/joe/j2.jpg[/IMG]
[IMG]http://www.*************/joe/j3.jpg[/IMG]
[IMG]http://www.*************/joe/j4.jpg[/IMG]
[IMG]http://www.*************/joe/j5.jpg[/IMG]

[IMG]http://www.*************/joe/j6.jpg[/IMG]
[IMG]http://www.*************/joe/j7.jpg[/IMG]
[IMG]http://www.*************/joe/j8.jpg[/IMG]
[IMG]http://www.*************/joe/j9.jpg[/IMG]

I one day hope to make my invoices look so gay:1orglaugh

[IMG]http://www.*************/joe/ji.jpg[/IMG]

amacontent says that you agreed not to sell
for less than $40/set. Is amacontent lying?

1.) He claims there were verbal agreements about this stuff. Is he just making that up?'

2.) If the guy is so upset, why not show a little decency (even if you don't *have* to) and come up with a compromise?

which of your fucking scenes are in question here? all of them? if not, which ones?

There's this thing called
the

enter

key.

It makes line breaks in LOOOOONG run on paragraphs so they can be read more easily.

Anyone ?

it's the sucking scenes that are in question

I think it would be a stand-up thing if SoBe emailed anyone who bought the content "in contention" and let them know what is going on, and which of the sets they bought are at issue.

Some people would want to know, even if SoBe has every legal right to sell them. More will want to know if he doesn't.

:1orglaugh

http://www.oprano.com/msgboard/index...hahaentry45971

Hmmm.. In all your invoices and all that, I don't see one freaking place that says you have resale rights on the content you purchased....

You bought it, yes... I buy content too...

I would think a resale agreement would be spelled out somewhere...

Do you have one ?

edited in:

The GFY board is messing with my links back to Oprano and changing them to the Ohahaentry shown above...lololol...

Touche' Lens :thumbsup:

All of them.

I wish you guys would start out with some more constuctive comments. Help us settle this mess so that everyone walks away friends.

Settle your own mess, most of us could care less.

why not give eachother hand jobs instead?

Are you now saying that all of your
videos were shot by amacontent?

:eek7

I disagree. This problem has nothing to do with Sobe's customers. It's between Sobe and amacontent and it should stay between them. I think it's sad that they can't work out the details themselves and instead have to rely on people here to guide them in the right direction.

Guys, grow some fucking balls already, pick up the fucking phone and settle this shit like mature adults. Jeeeeeeez!

d*

SoBe needs your votes!

Polling ends in two hours!

See sig:

No Groove not all of the content just some. Just the ones that you see there. I have plenty more too. Plenty more that I paid for with cash. That is even more money I gave to Joe, I forgot about those...

wonderful

I guess I can't argue with that. I suppose any customer who cares should email SoBe and ask which sets of theirs are in question. Actually sending out the info doesn't make sense.

I'll be expecting a refund, very soon.

I suspect that your customers might appreciate
knowing precisely which sets are under dispute :2 cents:

That statement is the best statement I've seen you say on GFY

:thumbsup

And kimmykim...You are so fucken right...

ENTER!!!

Jon

Umm I'm all for Sobe & blowout prices and all... but, all those invoices say "for use on website, promo, etc."...

Is there a seperate document or email or something where you guys are agreeing about how you are going to resell the content & give him X for royalties or whatever?

I just don't get how those invoices help your case here (other than to show that you guys had SOME sort of deal going on) and that you purchased them in the very least for single website usage.

And the part where he sais "...and the rest of the scenes for you will be $75 -- but keep that between you and I" or whatever... that part makes it sound like you were just buying videos for your own site?... not resale distribution.

Like I said.. I'm all for Sobe coming out of this smelling like roses and continuing to rock the content boat with his bottom of the barrel pricing (whatever it is this week) :1orglaugh .... just not sure how the scans help yet...

maybe there are more coming or something

Wouldn't it be an interesting reversal if it went from SoBe saying "no contract saying there's a limit", to everyone realizing there was no resale contract at all?

Hehehe LOL :winkwink:

It has a little arrow on it if that helps :winkwink:

If those invoices are all you have Erik (sobitemybottomboy) you are fucked.....


those give you rights to website use.... But not resale....

i think the hand job idea has my vote!

give each other handjobs, you both will have to live with it, and it will prevent you from fighting publically again. and lettingus decide....


HAND JOBS!

HAND JOBS!

Ok my take on all this:

Looks like Sobe bought content legitimately from Amacontent.

By default wouldn't anybody know that sobe is a reseller of content ? I mean really what else does sobe do with content besides resell it.

With that said it would be prudent for me to believe that Joe sold the content knowing it was going to be resold. And everybody knows Sobe's prices. When I first started out doing this stuff sobe content was all over the place for free and then I got all kinds of emails for cheap content from sobe.

Isn't this what everybody else has expierienced ?

If so wouldn't it be reasonable to know that the content was going to be resold cheaply as to compete in the market?

To me it looks like a deal that wasn't thought out very well on Joe's end. Love your content Joe and hope this blows over soon but in reality thats all there is to it.

You found a deal to sell your content fast when you needed cash and didn't think out all the consequences. So be it let this all go away everybody wil be happy and both parties will continue on with business.

My :2 cents:

i dont belive it is a matter of where he has the right to sell it any more for the fact , that joe has said well he was not to sell it for less then this

it i belive comes down to the fact he sold it much less then he was or should have and that alone killed the content for joe and so on ,
was it right not really , we he wrong for doing it well in ways no he paid and wasnt written down what he could do or not do , was it a good thing no made alot of bad blood and that isnt cool , was it or is it bad buisness ways YES VERY .

but i think alot of people have learnd alot over this ,
i think that if there was a cap on it , well he should have just blasted his own content at a give away price and left joes alone , i mean sobe does talk that he has over 200 videos of his alone he has made ,


to come to a end , i think joe is pissed his content is now worth less and sobe just trying to build up fast cash and to this al he has aot a maker that sold him content
:2 cents:

The scans help for many reasons. First of all the content is obviously not stolen like many said it was..

Second. He sold the content to SoBeGirl. There is no "resale agreement to be produced because Joe never gave me one." He sold the content to SoBeGirl and what does SoBeGirl do? SoBeGirl sells content. He knows this so the resale rights are implied and were verbal.


The scans say website, promo, etc.... I know that means I can sell the content because I bought it for SoBeGirl and that is what SoBeGirl does. And for the record ect can mean anything in the world.

So I guess you can say that the problem here is that it is Joe?s word against mine but I think the facts are obvious. I have been selling this content for about a year now. Only now does Joe claim I don?t have rights to sell it. I claim I do and I have invoiced for purchase from SoBeGirl (which is a company that does nothing but sell content) to prove it.


The only reason it is a problem for Joe now is he is having difficulty competing in this market. He is slandering me to save his own ass and I won't let that happen. He took my money when he needed it. Now he wants his cake and to eat it to.

I think Groove asked a pertinent question :Graucho

SoBe, are you going to answer it?

SoBe, as much as you may like the idea that what "everybody knows" about your business counts as an implied license, you are wrong. You do not have a license to sell, or probably even use, that content without a lot more paper than you have there.

Gotheweb, I disagree completly with you and so do many others.

Groove, read the posts man. He only started telling me how to run my business after the content was bought and offered for sale.

You guys need some BP4L attorneys!

http://www.me.utexas.edu/visitor/ima...olsandalec.jpg

So you did agree to the $40 cap, but you are arguing that it's OK to break that agreement because it was made after the sale had taken place. Is that right?

No Groove, I never agreed to any cap or bottom. I just agreed to buy content for resale on sobegirl. He started telling me what I could or could not do after he took my money and after I spent thousands processing the content into a product. If he had told me , "Hey you can buy this content but you can only sell it for X dollars I would have told him that I do not want to buy.

You told me yesterday that you ran 50 some sites... So, the content could have been sold to you under the sobegirl umbrella for use on the sites....

We, who purchase content for sites, know what a standard website license is and know that it does not include resale rights...

It always states explicitly that the content is for sites and design/promo purposes.. not for resale...

Where is your license ? If Joe did not provide you with something other than the invoice theen what I see is that you have an implied license for website usage, but not for resale....


being this shoddy in your business dealings does not reflect well

Oh, since you are the expert Fartly, could you please post a "standart for resale website content license Please so that JOe will know what one looks like next time.

So amacontent is lying when he says there was a
conversation during which you agreed to a $40 cap?

http://www.pleasurelabs.com/pics/sobegirl4.jpg

Logo courtesy of Serge Oprano.

Looks like Sobe is trying to see what loop holes he can play on...

But in the end only making yourself look bad...

ect can mean alot of things? Riiiiight...

Like posted above...When you buy content under a company name...It does not automatically mean your gonna use it for one piticular reason...I buy everything under my company name Cyberweb Extreme...But I may use it on any of my sites...Not just www.cyberwebextreme.com

Sobe....You assumed way too much and now its time to admit your mistakes!

Jon

I have no resale licenses... I have plenty of standard content licenses that state explicity what my rights for the content are...

How many domains I can use it on...

How many pics I can use for design...

Whether I can post to newsgroups or not...

etc etc etc...

It is all spelled out...

I would assume that in a resale situation, for your own protection, you would spell it out...

If you didnt get a license spelling it out then that is poor business... If Joe knew you were using it for resale and did not spell it out, that is equally poor business....

I would post a license or 2 for you, but not without the providers consent...

I saw unseenworld around here somewhere... His contract is pretty standard... Ok if I post a copy of your license man ??

Sweet :thumbsup You just admitted you do not have any resell agreements...

Congrats!

Shows over guys....

Jon

i think sobegirl wont the argument with the "etc" remark, its true, it can mean anything.

so im on sobe's side now.

Eric... this is the license writeup that you list on *************

Website License
Allows you to use the content on a maximum of 5 website domains that you own. Subdomains are included in this 5 domain license. Video clips come in MPG1 format only. MPG1 clips are 1 to 2 minutes in length. It is a website license allowing you to use the content on the Web only. You are not allowed to trade, sell or watermark video clips with this license. The retail prices found on SoBeGirl reflect the cost of the Website License. Watermarking video can be done by SoBeGirl only. If you want the Website license and want watermarking contact us for price and lead times.

Webmaster Program License
Webmaster Program license. This is needed where webmasters drive traffic to your site and get paid out for each new member they get you. This license allows you to use the content in a Webmaster Program. Video clips come in MPG1 format. Each content set includes the "Promo Clips". These are short 20-45 sec MPG1 files that are less than 500kb each. These files are perfect for website tours or giving out to your webmaster whom drive traffic to your program. They make great promotion tools to gain webmaster participation. You are allowed to watermark the promo clips. This is a Web use only license. ASF files are also available with this license. The Webmaster Program License is 2X the retail price of the Website License.

Broadcast License Broadcast License
You get high quality MPG2 format files. High-quality source files running at over 4000kb/sec for when you want to compress video using your own codecs. You are allowed to use content on the Web and over satellite or TV. You are allowed to watermark video with more than one URL. Contact us if interested in getting SoBeGirl

******************************************

You notice that in the license that you sell to your customers you explicity state in your website writeup:

"You are not allowed to trade, sell or watermark video clips with this license."

Meaning of course, no resale....

I notice that you do not explicity state that in your program writeup, there you state:

"This is a Web use only license."

I assume that on the actual docs you spell out what that means...

Actually, the scans say: "for use on websites, promo, etc"

"USE" and "SALES" are two totally different things....

If you come by my house and ask "Can I use your car" and I say yes, then does that give you the right to go sell it ???

un uh....

Moral of the story?

Never buy from an insecure dork who spams...it'll just turn into a mess later on for everyone involved.

How many times have people seen low priced content or free content.

Get people to respond to that?.to show that it is my biz model?


Yes F and I , SoBeGirl has never sold my content to a reseller just for this reason. I have it in my license so that it is clear that when you buy my content it is not to be resold. Joe on the other hand sold SoBeGirl his content to be resold. That is all SoBeGirl does. And one point very legal in nature too is this;

Joe, says that I had the right to sell but not under 40 dollars. I say that is bullshit and Joe sold me the content with resale rights and no restrictions attached. And it is a fact that SoBeGirl has been known as the place to buy affordable content for newbies and experienced webmasters alike for years.

I have been advertising 5 dollars sets, free sets and bulk deals since I started in this biz. I always saw it as the way to go and still do. Joe knew this. Everybody knows this.

This fact is that SoBeGirl sells content at a very affordable price is one of the first things a Judge would ask. What would be a expected price for the sale. All you have to do is look at my promotions and you will see I have been offering great deals on content for years.