Why is it hard to take down illegal tube sites?
 

Are they all on rogue hosts? If not it should be as simple as sending a few well articulated lawyer written emails to the host and domain registrar right? I dont know.

I would guess that while the particular content is in violation, the site as a whole is not. you would basically have to have a number of people writing these letters, otherwise its not gonna get any more traction that taking down the offending video.

Tubes are basically the free hosts of old, thats why I find this shit hilarious. its the same old shit with a new shine to it.

I would guess because they are bro's with the big programs. They send shitloads of traffic to dating and cam offers.

Because The Force is strong with them.

notice that some big sponsors' content is rarely found on the tubes

it is like they know where they might face a legal problem they don't want to deal with, but they gladly rip off the rest

:thumbsup

:thumbsup

A) Big web host is making lots of money selling the tube site bandwidth and servers

B) If they took it down, word will spread that this web host has no backbone to stand up to bullies, and their policy is to take the side of the complainer

C) Practically no liability. The Tube site already has a DMCA policy to take down the videos, and unless they refuse to comply with a valid takedown request, the webhost can't get involved. A Tube site is a separate "service" in the context of the law.

D) It's not their problem, and their legal department knows that you, a porn producer are never going to sue the tube site (let alone the web host), and even if you were stupid enough to sue them, you would lose.

The only time you can take down a tube site is if your attorney, who works for a medium to large sized law firm, writes a long letter to the General Counsel of the web host, demanding that you take down the site. Then if that tube site is only using one server at that web host, and a small amount of bandwidth, and the web host already has a bad reputation and couldn't care if it got worse, will the tube site be taken down.

Tube sites are protected from copyright liability by the DMCA safe harbour clause, which indemnifies them from prosecution for user uploaded content. The DMCA single handedly allows the content theft tube model to flourish and prosper. Here's a summary:

http://www.keytlaw.com/Copyrights/dmca.htm

Trust no one...

True. The laws governing the Internet were set up before the Internet became what it is today.

Combination of DMCA protection and money.

Now we know why the RIAA and MPAA decided to go after the folks who uploaded and downloaded the content.

Might be time to do that.

Got rid of Napster didn't it?

Don't worry about driving customers away. They will still come back to pull out their credit cards for porn.

Find a way to take away their domains.

Write well formulated letters to the ICANN.

that works great for torrents and p2p, because anyone downloading is also uploading, so if there were some lawsuits of some average dudes at home downloading porn and the publicity that surrounds it, it would strike fear in a big hurry....

as far as the tubes go, instead of simple dmca take down requests, it would be nice to see uploader ip's be subpoenad and held accountable.... if stolen content is being uploaded by someone involved in the tubesite management, then they should be sued to bankruptcy and beyond

Because they're not actually illegal. Yet.

I think you have it right.

I originally did not like the idea of going after the user, but if the tube sites claim immunity, then they must identify users who are "misusing" their service by uploading copyrited content that they are not entitled to distribute.

Immunity cannot apply to both the tube site operator and the uploader of material covered by copyrite. One of them is responsible. The tube site owners must decide between paying the penalties or allowing the users to be punished.

Tube site owners, how do u want it. Do you want to become responsible members of the community, or do you want to cause your members to be trashed in the legal system.

You may be immune to the copyrite angle of this argument, but you must be quaking in your boots when you realize that you might be required by law to hand over the identities of your members for prosecution. I think tube sites in any country might be obligated to respond to such a subpoena or face legal consequences.

This may be what ultimately proves to be the downfall of tube sites.

I wonder how many surfers are going to want to upload to tube sites now? Hmmmmmmm.....

I love this idea. :thumbsup

evil tubes are strong!

google has had to argue they spend millions of dollars in filtering technology to filter out illegal content on youtube. Therefore, they are taking every reasonable effort possible to keep illegal content off their site. Even with this, they face enormous legal battles.

The illegal tube sites, on the other hand, don't seem to spend any money on chasing down illegal content (assuming for a second they didn't post said content themselves knowing it was illegal). So, to me at least, it seems google's argument doesn't hold up to the illegal tube sites.

Now, I still say the answer is my plan to simply go after the wallets of any affiliate program that willingly pays money to a tube site or attempts to gain traffic by placing a few of their short legally offered clips among the thousands of longer stollen clips. Therefore, I urge you to remove all mentions of affiliate programs from your sites participating in either of these two activities.

dont hate the playa hate the game :pimp

well, if a host has a client that a repeat infringer, they have an obligation to turn them off, otherwise, they could be liable for contributory infringement.

you will find the largest tube sites are connected to the largest low priced host for a few reasons.

they need to be connected to a very friendly host in order to not be taken down
they need extremely low prices in order to maintain the profitability of their biz model
in return they contribute a ton of bw, whose volume helps lower the hosts overall bw costs

therefore, tubes that dont have a tight relationship with a host are at a competitive disadvantage, symbiosis at its finest

I think you guys are going after them with the wrong angle. Screw going after the hosts, go after the domains via icann.

What about rogue techniques like dos and infinite requests to dl content? I know its not legal but what the fuck are we going to do.

I once had a world of warcraft site offering cheats and exploit info, the wow community went apeshit and launched all kinds of attacks and I soon had to take my site down.

But tube sites don't take user uploaded content, every video I upload gets rejected :1orglaugh

That's because you were a two-bit loser geek kid who took pleasure in offering cheats and whatnot. These tube sites actually make enough to hire lawyers. In fact, some of them hire lawyers so good that if I were you I'd expect a lawsuit just for suggesting illegal methods of dealing with them. :)

Because people are stupid