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-   -   ******Titan Wins Over Tube Site***** (https://gfy.com/showthread.php?t=970999)

JustDaveXxx 05-31-2010 12:00 AM

******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!!!!!:thumbsup

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 (Post 17192257)
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

original post
 
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 (Post 17192369)
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.:2 cents:

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.

Altwebdesign 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 (Post 17195562)
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 (Post 17195620)
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 (Post 17195624)
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 (Post 17195638)
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 (Post 17195560)
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 (Post 17195635)
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 :thumbsup

Wizzo 06-01-2010 06:06 AM

Quote:

Originally Posted by closer (Post 17195673)
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. (Post 17195647)
Thanks...beat me to it...

Quote:

Originally Posted by Hentaikid (Post 17195560)
Christ dude it's spelled precedent not president

Spelling police alert! Spelling police alert!
... things happen :upsidedow

Kick Ass Chat 06-01-2010 06:36 AM

Quote:

Originally Posted by Nathan (Post 17195638)
And do what with it? Run a tube? LOL...

LOL...hahaha thats funny.:1orglaugh

JustDaveXxx 06-01-2010 01:19 PM

Quote:

Originally Posted by Wizzo (Post 17195868)



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.:2 cents:

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 (Post 17195868)

Nice to see NATs supporting tubes. :upsidedow


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