Why The DMCA Doesn't Apply To Illegal Tube Sites
 

I am no lawyer, but it is just my opinion, that the illegal tube site have NO protection under the DMCA. The DMCA provides protection for ISPs against lawsuits from legal liability for copyright infringement "as long as the content is removed in a reasonable amount of time".

The tubes sites define themselves as ISPs. However, I know that there is NO WAY there are so many philanthropist porn fans that want to lock down their ports on the computer for hours a day to upload video. I can understand them wanting to watch it, but waste that much time uploading? Come on. I already have information on this, but - this means that the tube sites themselves are doing 99% of the uploading.

If you have a paid employee doing the uploading of material you KNOW isn't yours, doesn't the DMCA go out the window?

Also, with regards to the "Premium Memberships" many of the sites now offer...taking credit card transactions to pay for stolen goods...isn't that just criminal?

Again, I am no lawyer. That just makes sense to me.

:2 cents:

Unfortunately as with anything it's not officially illegal until upheld that way by a judge...

Time for some cases to start flying...

Well here are two simple questions to find out if a site is user uploads.

1. Did they start out as an empty tube site or one just seeded with a few licensed videos and then slowly got large as people added stuff?
2. When was the last time you saw a tube site that had questionable material uploaded such as CP and bestiality? Or is it entirely possible that everyone that uses tube sites to share porn are moral people.

You make to much sence. To bad the powers that be dont have any fucking brains. If (legal) webmasters ran the world...........

They all seem to be under the safe harbour of the user submitted content. Premium memberships I believe offer either 1) Same content but Higher quality or 2) A service provided by a third party (ie: videobox). In both cases, they're still ok. I'd love to see the safe harbour in the DMCA be changed though and a great court case is to watch the Viacom vs YouTube as that will likely set a precedent.
WG

Honestly, someone will have to step up (big programs) and take them to court on this

Yep, for sure, that will be a game changer.

if you want to understand why someone spends hours uploading read:

http://en.wikipedia.org/wiki/Whuffie then read the links under "see also."

people have created social networks where one is the dominant figure by who has the best uploads. not that i think it's cool, it's just there.

:1orglaugh

Thats bullshit, though. If I pay you to go to xxxjay's house and steal some of his shit then bring it back to me, I still broke the law.

Tubes should be no different. I've said it before in this issue, you can search GFY for proof. Nothing is going to change until some of these tube site owners start turning up with some massive bodily injury. Cause lets face it, After you bring me xxxjay's stuff, he comes over my place and see's it, calls the police and they dont do anything......... that only leaves two options.

1. He can say fuck it, and let me have his shit

2. or he can fuck me up real good, and i'll think twice before I pay you to steal his shit.

So if it doesn't apply to illegal adult tube sites. Why does it apply to legal mainstream tube sites like Youtube? it's just that in Adult the companies being ripped off don't really go after the tube sites and the people that host them.

don't bet on it
it already to far in favor of the copyright holder

Youtube is ALL user submits and everyone knows that and it's legit. Youtube goes to great lengths to remove copy written video and audio. Because the companies have gone after them HARD.

When was the last time you seen an empty tube site just waiting for the uploads to start?
How do users who want to share and upload, seem to find these new tube sites to help grow them when none of us can seem to locate them until after the fact?
How can a tube site for instance have a registration date of a week ago, and then have 30,000 videos on say day 3?
How about some tube sites that do not have working submit areas?

chill out man - i was just giving jay an insight into the psychology of groups whose social capital is sharing - settle down.

of course some tubes/boards etc. and uploading content on their own - but the reality is that for some their social life is sharing shit.

AfterShockMedia is not part of that social community of surfers that collect and trade porn.

Not really singling you out.
I know people share and they ussually do it via torrents and not tube sites.

By my calcualtions, it will lock down alll your ports on your computer and you won't be able to do a single thing online for around 2 hours to upload on single 35 minute clip. Keep and mind that is with a good 70-85 kps upload speed.

I don't think anyone's "wuffle" is worth not checking their facebook for 2 hours.

very good points

yeah i dunno - but whose uploading all the full length documentaries to google video and youtube? doubt it's larry and sergei.

though i would put my money on third world outsourcers being uploaders to the porn tubes - at least initially - once it's builds the traffic and community viewers could easily take over that function.

hmmmmmmmmmmm. I know the answer.:disgust

Good points, BTW

Movies like "Spare Change" and the like were put there by the filmmakers themselves. That is how they make them popular.

You might need those employees to step up to rat out the tube owners...

I remember reading something about one of those movie uploaded sites. The judge said that because the wmv/mpg/dvd was converted into .flv (flash) it's no longer the original format -- Hence legal. I am thinking WTF is going on here.

If you walk into the cinema and video tape a movie then sell it, it's illegal. How is that different with the illegal tube sites stealing content then posting it on their sites.

We can all agree that at one point these sites had to start with some content, people don't hang around empty sites... Did they have rights for that content.. did they upload it... hell if I know.. maybe they did start and grow overnight...

But proving in court that the tube sites uploaded the content and not a user requires proof of who uploaded the content... Or that there was no way possible that a user could have uploaded the content as the user has no means to do so.

Anyone willing to put up cash to drag this into court...?
As of yet all I have seen is people talking about the issue for what seem for ever..
Sending DCMA's having the content taken down only to have the content show backup on the site over time.

Round and round we go...

now book, tomorrow reality

Word is some real big companies are starting to get the ball rolling on that

I am no lawyer either but isnt it true that the moment you are taking money and profiting off of content that is not yours, you are then liable?

By the way even though I comment often about tubes, torrents, and stolen content. For the most part I am generally unaffected. I do send out DMCA letters each week and mostly to torrent sites or forums. Have not been effected enough to even warrant bothering a lawyer about it.
Now for some other people I do wonder why they do not get more involved and pursue legal action, they get ripped on most every site.

FACT :

The only videos ever uploaded on any of my tubes was either a single guy showing
his dick or something that was not even porn.

Like you already said : "Why the fuck would a surfer sit there and up load a 1 gigbyte
video?"......answer: They don't.

you do realize spidering another user submitted tube site for submissions and using them as a base still constitutes user submitted content
that the easiest way to start one of these tube sites, and it is still protected by the DMCA as long as you take it down when the request comes in.

Whats interesting is these tube sites, know they are stealing the content, they are blatant about it and the only reason they do it is because they know that no one will do anything about it. They will be flamboyant and bold in stealing what they can get thier hands on and no matter what they steal nothing will happen to them for the act.

Basically they are laughing to the bank in all your faces knowing that nothing will ever happen to them. No one will bust them, no one will do a fucking thing to them and they know it.

So part of me wants to say you all deserve it.

Get fucking real.

If you started a tube site would you use a spider program that you had to write
or buy or just upload some shit and be done?

Not to poke holes because I like where you are going with this...
(trying to see ways other ways to look at this to prove its all or partly done by the tubes...)

As someone that takes a shit load of pics when I go on weekend road trips I upload pics all the time to my google images account.. Sometimes as many as 4000 images in there full file size (600-800 mb at a time) I also use a gmail account as a remote storage drive uploading a few gig(zipfiles).. it may take time to upload but I've never locked down all my ports or not been able to surf the net.

In the past and currently there are more ways people are sharing files/content and what I'm talking about is truly user submitted files/content... full DVD's on news groups.. shared ftp accounts.. file sharing websites..

From what I see it may just take some pissed off person for the inside to give the needed proof .. even then it will still take going to court. Other then that really all there is is speculation and talk..

If you are not going to do anything about it...

You all deserve your content to be stolen, stop crying!

Not sure how that would work and not about to argue it with you. Despite that people love to get into it with you and throw insults around, most of what you cover is indeed how the law currently looks on such matters. Just not so sure in this particular case as site owner B would have no real way of knowing if site owner A had user submitted content in the first place before they spidered it. Plus I do not recall it saying user submitted somewhere else first.

i think you get more user uploads and sharing on forums not tubes

http://www.cliphunter.com/streams/se...y+reid&x=0&y=0

there are tons of them.

More than two fucking years have gone by on the same litany lines of tubes steal content WAAAAAAHHHHH! WAHHHH!!!

And none of you do anything about.

You shake the very hands of the fuckers that sell and sold premium video content to the tube sites that steal from you. DO you knock them fuckers out on the show room floor for selling premium content to tube sites? Nope you have a drink with them and party it up.

Did you buy content for your members sections on DVD? Now you wonder how its on a Tube site? The fucking Tube site bought the shit you did in some cases or fucking stole it!

There is absolutly fucking nothing none of you will do about it. NOTHING!

You are not going to get these guys that run around and sell content to the tube sites, you are not going to go after tube sites that have stolen your content.

What the fuck is you peoples point in sniveling about it fort almost 2 fucking years now and do nothing? I am fucking tired of this topic its more dead than the god damn skeletal horseman horse. The fucking industry is dead because you dip shits theorised that traffic is worth more than MONEY before even content! ALl of you upped the ante, little more free, little more free and little more free, ahh FUck it lets just steal shit from each other now and do to your face...

FOrget this shit...

You are all fucking morons.
You do not see FORD giving away lots of New Cars do ya? Do you see McDOnalds throwing hambergers to people on the side of the fucking highway? NO you dont!

But oh yeah pornographers will throw fucking pussy at anything that moves hoping for a god damn glance.

You are all fucking morons.

Give me the link to the one you started like that. :winkwink:

i got fuck all.

Congrats AlienQ, nice to see your back to your old ways again - always a good path to follow.

Obviously you are someone that can not handle the truth.
Sorry ya folks don't like it.

Once the industry as a whole learns to put stop gaps in the flow of content in the free circuit and being aggressive in copyright...

This industry is going to keep going down the shitter.

What one would you like I have a couple??
I have a few I'm testing the scripts on to see how it all works
Takes about $50 total cost for url/hosting/and script to setup and maybe 20 min of total time...

Sure you're not going to have 250,000 videos on day one but 10,000 - 30,000 not that big of a deal.. More time and more cash into it and you could have that.. I'm not talking the same about of time it takes to rip and cut 20 scenes from 4 dvd encode and upload or more then $500 plus a nice design... you can buy a data dump of 200,000+ for $400 (it was already posted on GFY)

Even the big guys they will buy themselves a new Lambo before even thinking about Copyrighting a single image or enforcing thier rights on the internet.

OH oh all of a sudden it's to expensive to enforce copyright especially after the purchase of a 5th fucking Mercedes to throw in the mansions garage with the other ones.

The pocket book is suddenly tight when it comes to controling content they fucking own? Jeesus fucking christ!

Worse yet these same fucking guys provide compelte downloads of the content and allow members to download the shit and then have the nerve to turn around and scream about thier shit being stolen!

Its totally fucking stupid!

Did you even bother to read what I wrote previously and how much they effect me?
Of course not. Instead just bash, speak out of the hole in your head, and continue to show everyone that you have not changed at all.

I agree 100% with Jay.....but there's a difference between what you know and what you can prove in a court of law.

They would be safe if the content was submitted. But we all know that the content on those sites is not all submitted.

The big programs own the big tubes...

I do not give a shit what you wrote...
I am generalising the stupid mental cases in this fucking industry.
You people call me fucking nuts? Jesus fucking christ I do not even open up photoshop unless I am paid for it. PERIOD! THats it why? Because its good business sense, yet I see very succesful guys screaming about Copyright infringement and for two years not a fuck shit thing has been done about it. They are not serious they just want you little players to scream about it and feel secure in some brotherly love bullshit lie.

Oh so fucking hurt....

WHY????

Another simple fact to the matter is they can play the victim all they want! The truth is its more affordable to just keep shooting and let the shit spill out.

Copyright does not even fucking matter!
But to turn around and say oh god we are being stolen from is totally totally without question absurdly stupid!

These so called Players do not give a shit. Do not believe it for a second and if you do just read the same shit for two years all over again regarding tube sites and content theft.