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Old 07-11-2023, 03:02 PM   #51
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FIDDY illegal tube apologists!

Quote:
Originally Posted by panel45 View Post
I appreciate your passion, and I assure you, my disdain for piracy is as fervent as yours. I have assisted many in battling against it.

However, your comment suggests you might not fully grasp how the legal system operates in the United States. Litigation is not about taking a broad view and assessing whether a situation generally seems fair or not. It's composed of numerous intricate parts, each of which is scrutinized in a mostly isolated context to minimize bias.

To provide a stark illustration: Consider a scenario where a man commits rape and a week prior to the incident, the woman who becomes his victim had stolen his watch, leading to his arrest. The law identifies two separate crimes here, rape, a heinous crime with severe penalties, and theft, which, although lesser in magnitude, is still a criminal act that warrants prosecution. The court won't say, 'Well, you raped this person, so we can overlook their theft of your watch.' Each offense is independently evaluated to ensure justice is served.

A litigation process is complex, and a defendant may identify grounds for a counterclaim in the course of motion practice. For instance, let's say you forget to serve them properly. They can counterclaim that their defense was compromised due to improper service, causing them to lose investors due to the complaint. They might argue that the case could have been resolved quickly if they'd been appropriately informed. Here, we have a counterclaim that requires legal representation to handle—increasing the cost of litigation.
Nice ChatGPT response!

"How does the legal system work and can you give a completely non-relatable, non-physical crime 'scenario' as evidence of my point? Please include rape somewhere in there as this is a porn board and, you know...thanks ChatGPT!"
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Old 07-11-2023, 03:12 PM   #52
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Originally Posted by The Porn Nerd View Post
Nice ChatGPT response!
I thought the same!
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Old 07-11-2023, 03:33 PM   #53
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Originally Posted by panel45 View Post
I appreciate your passion, and I assure you, my disdain for piracy is as fervent as yours. I have assisted many in battling against it.

However, your comment suggests you might not fully grasp how the legal system operates in the United States. Litigation is not about taking a broad view and assessing whether a situation generally seems fair or not. It's composed of numerous intricate parts, each of which is scrutinized in a mostly isolated context to minimize bias.

To provide a stark illustration: Consider a scenario where a man commits rape and a week prior to the incident, the woman who becomes his victim had stolen his watch, leading to his arrest. The law identifies two separate crimes here, rape, a heinous crime with severe penalties, and theft, which, although lesser in magnitude, is still a criminal act that warrants prosecution. The court won't say, 'Well, you raped this person, so we can overlook their theft of your watch.' Each offense is independently evaluated to ensure justice is served.

A litigation process is complex, and a defendant may identify grounds for a counterclaim in the course of motion practice. For instance, let's say you forget to serve them properly. They can counterclaim that their defense was compromised due to improper service, causing them to lose investors due to the complaint. They might argue that the case could have been resolved quickly if they'd been appropriately informed. Here, we have a counterclaim that requires legal representation to handle—increasing the cost of litigation.
DMCA was never intended to protect content thieves, it was put in place to protect people who unknowingly committed copyright infringement like if someone produced a video and there was a copyright registered song or movie playing in the background.

Using your scenario, the rapist could claim that he didn't know non-consensual sex was illegal. Ignorance of the law is no excuse.

I appreciate your concern but rest assured that all the proper legal procedures were followed and I gladly welcome a counterclaim. I'd love to hear how hundreds of my stolen videos that are clearly identified as being copyright registered and can't be shared ended up on their site and how they and their host ignored dozens of take-down notices.

When a site doesn't respond to take-down notices and they use a host that boast about NOT complying with DMCA then the only other choice is to remove the source completely, which is what I have done and will continue to keep doing.

The Lead Attorney of the firm I use worked for Copyright.gov so he's more than knowledgeable in these matters.

The bottom line is these scabs have been getting away with this for years and just don't give a fuck because they thought they are untouchable. Quite a few tubes have already taken my videos down in fear of losing their domains. If they don't feel that they are doing anything wrong then why would they do that?
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Old 07-12-2023, 04:53 AM   #54
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If there are any illegal tubes using merchant facilities and accepting credit card then post them here and I'll try to get them shut down. I don't have much time but could deal with perhaps a 50 site batch once a week.
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Old 07-12-2023, 08:33 AM   #55
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If there are any illegal tubes using merchant facilities and accepting credit card then post them here and I'll try to get them shut down. I don't have much time but could deal with perhaps a 50 site batch once a week.
welcome back AK
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Old 07-12-2023, 10:57 AM   #56
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If there are any illegal tubes using merchant facilities and accepting credit card then post them here and I'll try to get them shut down. I don't have much time but could deal with perhaps a 50 site batch once a week.
Will do! I can't remember which one but one of the tubes I shut down was selling "Premium" memberships and a lot of customers were pissed after buying a yearly membership right before the site got shut down. They must have missed the "safe harbor" class about not being able to resell stolen content directly.

I'm sure they will start up another site because these guys can't do anything else for work but I'll shut them down again if they pop up on the radar.
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Old 07-12-2023, 01:21 PM   #57
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I recommend the following for producers interested in fighting theft:

1) Copyright Register your content! It can be done quickly and easily online and your work is instantly protected. You can go back as far as 3 months after the content has been published. https://www.copyright.gov/registration/

2) Hire a DMCA Take-Down service. They make it very easy to submit links for removal. I did it myself for awhile but it's pain in the ass and the tubes can reject the take-down notice if it's not properly worded. I currently use https://dmcaforce.com/ and they have been working closely with my attorney to provide specific records to help win the lawsuits. They also have a service where they can have links de-listed from Google which will crush the tubes search traffic.

3) If you want to take things to the next level, hire a good copyright attorney. I use https://ilawco.com/ and they are very knowledgeable with copyright law. They have been streamlining their process in order to fast results. They are the firm that took down all the tubes I listed in the first post.
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Old 07-12-2023, 02:01 PM   #58
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If there are any illegal tubes using merchant facilities and accepting credit card then post them here and I'll try to get them shut down. I don't have much time but could deal with perhaps a 50 site batch once a week.
Kingdom come . . .
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Old 07-12-2023, 03:17 PM   #59
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I also use a service called xVid Autograph (https://autograph.xvid.com/) which enables me to see which user shared my videos.

It works by embedding an invisible watermark on each frame of the video. When a shared video is found on the web, I download it and scan it through their system to find out who the user is. This is currently the most effective tool I use.
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Old 07-12-2023, 05:52 PM   #60
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If there are any illegal tubes using merchant facilities and accepting credit card then post them here and I'll try to get them shut down. I don't have much time but could deal with perhaps a 50 site batch once a week.
Here are some filelockers and sites with offers:
https://1fichier.com/
https://fboom.me/
https://filefox.cc/
https://filejoker.net/login
https://k2s.cc/
https://mixdrop.co/
https://nitroflare.com/
https://rapidgator.net/
https://streamsb.com/
https://tezfiles.com
https://torrentgalaxy.to/
https://uptobox.com/
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Old 07-12-2023, 06:22 PM   #61
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File Lockers are a pain in the ass but a bit tricky because the big ones comply with DMCA. But, I'm working on something very special for those sites.
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Old 07-12-2023, 07:31 PM   #62
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i know you dont need it, but i think you'd get some help from the industry with a gofundme or a buymeacoffee link.

there's conference whores on gfy who claim to be 100% supportive of the industry. they should be the first in line to donate.

i'd donate at least $5

#
Sue one domain registrar and this problem is solved.
No domain, no site.
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Old 07-12-2023, 07:55 PM   #63
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The Registrars don't want any part of a copyright lawsuit for that exact reason. We initially named the Registrars but they all said they would comply with any judgement and asked to be removed from the complaint. They aren't going to risk contributory infringement over some scumbags. Plus, they don't want to waste a lawyers time each time there's a hearing.
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Old 07-13-2023, 05:36 AM   #64
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The Registrars don't want any part of a copyright lawsuit for that exact reason. We initially named the Registrars but they all said they would comply with any judgement and asked to be removed from the complaint. They aren't going to risk contributory infringement over some scumbags. Plus, they don't want to waste a lawyers time each time there's a hearing.

I always thought that registrars don't care as they don't host any content. When I contacted Namecheap about a thief ignoring take-downs, they said they couldn't do anything. Good to know there is a way to get them to act.
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Old 07-13-2023, 07:14 AM   #65
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Registrars don't want to be bothered with content theft and pretend like they can't do anything when in fact they are one of the main keys to all this. They also don't want to open a can of worms (too late!). Name them in a multi-million dollar copyright lawsuit and see what they can, and can't do.

It never made sense to me how anyone could have illegal sites. If you can sell stolen porn online then you can sell any stolen products online, right? We all know that's not the case.

I started digging into this one night and stumbled across a case where Louis Vuitton sued "everyone" involved in a ring selling their knock offs, including the Registrar to the site selling the products online! Hmmm...

That's when I discovered how important the Registrars were in all of this and found a good copyright lawyer who confirmed my thought process.

Once a Judge has determined that infringement has taken place, the Registrars have to take action otherwise they can be held liable. Now they are asking to be removed from the lawsuits and will gladly comply, which so far they have. I'm happy we can finally work together ;)

In order to have teeth, content producers must register their work. No lawyer or Judge will look at these cases unless the content is registered with the US Copyright Office. It's $65/video but good insurance. Yes it's porn but legally we're afforded the same rights as any other movie or music producer who has their work registered. The law is the law and it can't be ignored.

Content theft will always be a fight because it's "easy" work and attracts lazy people but at least we have some weapons to use. For many of us, taking down one or two specific tubes sites can have a huge effect on sales.
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Old 07-13-2023, 07:27 AM   #66
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Registrars don't want to be bothered with content theft and pretend like they can't do anything when in fact they are the one of the main keys to all this. They also don't want to open a can of worms. Name them in a multi-million dollar lawsuit and see how much they care.

It never made sense to me how anyone could have illegal sites. If you can sell stolen porn online then you can sell any stolen products online, right? We all know that's not the case.

I started digging into this one night and stumbled across a case where Louis Vuitton sued "everyone" involved in a ring selling their knock offs, including the Registrar to the site selling the products online! Hmmm...

That's when I discovered how important the Registrars were in all of this and found a good copyright lawyer who confirmed my thought process.

Once a Judge has determined that infringement has taken place, the Registrars have to take action otherwise they can be held liable. Now they are asking to be removed from the lawsuits and will gladly comply, which so far they have. I'm happy we can finally work together ;)

In order to have teeth, content producers must register their work. No lawyer or Judge will look at these cases unless the content is registered with the US Copyright Office. It's $65/video but good insurance. Yes it's porn but legally we're afforded the same rights as any other movie or music producer who has their work registered. The law is the law and it can't be ignored.

Content theft will always be a fight but at least we have some weapons to use. For many of us, taking down one or two specific tubes sites can have a huge effect on sales.
There are registrars like njal.la I doubt that you could knock down domains from this registrar as easily as random registrars like namecheap or namesilo.
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Old 07-13-2023, 07:45 AM   #67
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Some are more challenging than others. When they don't or won't comply then we contact Google and have the entire sites de-listed from their search.

They will still get their usual visitors but they will lose new traffic which is a slow death for any site. Their business model is to sell garbage and scams to surfers and they need the numbers for that.

Search engines like Google don't want to be named in copyright lawsuits either and won't support thieves once a Judge has determined that infringement has taken place.

DMCA was meant to protect sites like Youtube from potential copyright infringement, it wasn't meant to be a business model for thieves.

However, I was told by a lawyer that content theft (specifically porn) was allowed and encouraged back in the day because they knew it was a good way to grow the internet.

When you're in the business of fucking with people, eventually you'll fuck with the wrong person.
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Old 07-13-2023, 08:22 AM   #68
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Shut Down Illegal Tubes!
you mean shut down all tubes
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Old 07-13-2023, 08:57 AM   #69
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The Registrars don't want any part of a copyright lawsuit for that exact reason. We initially named the Registrars but they all said they would comply with any judgement and asked to be removed from the complaint. They aren't going to risk contributory infringement over some scumbags. Plus, they don't want to waste a lawyers time each time there's a hearing.
Hence. This will never end.
The biggest game of wak a mole ever.
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Old 07-13-2023, 09:06 AM   #70
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Hence. This will never end.
The biggest game of wak a mole ever.
Well, one way to possibly solve that problem is to make a company/organization which would solve such requests for registars as front so they dont have to deal with it directly.
You know, like paypal not doing adult directly, but they can do it over epoch.
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Old 07-13-2023, 09:06 AM   #71
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DMCA was meant to protect sites like Youtube from potential copyright infringement, it wasn't meant to be a business model for thieves.
(The DMCA was enacted in response to the lack of laws that addressed the nature of technology and how it affects the older U.S. copyright laws. The DMCA is in Title 17 of the United States Code (U.S.C). The Digital Millennium Copyright Act focuses on protecting the register of copyrights.)

Nothing to do with youtube or anything you have argued in this entire thread.

I think you are confusing a lot of things regarding the DMCA laws. The DMCA law is only to protect intellectual property rights. Which offers clauses such as fair usage policy and protection against false DMCA reports focused on silencing criticism or artistic freedom.

Fictional Example: The new Indiana Jones movie is released, The New York Times makes a criticism that the movie is very bad, the worst in history. It provides arguments and also in the article and the review of the film there are some small pieces of the film, it may well be the trailer, or some fragment. (The producers of the movie, not liking the criticism, try to take down the article with the DMCA law.) Error, in this case the fair usage policy applies and the article is protected under the DMCA law. Since it is freedom of communication and in the end it is a review of a commercial product.

Another example: Very large fragments of a work or even the entire work are shared publicly without permission. In this case, the DMCA law also applies and the content can be removed from the methods that you previously said, google takedowns etc...

But remember that basically the entire global media industry is based on the sharing of third party content.

News channels, sports channels, etc... And let's not talk about digital media or social networks, many of the videos you find on social networks like Reddit or Facebook are taken from Tiktok. Do you think that tik tok could take away the domain from Facebook or Reddit?

So the DMCA laws are not to protect youtube. They are to regulate the United States copyright industry and also to safeguard freedom of expression and communication under some of its clauses.

Europe itself has its own copyright laws. Despite the fact that the majority of European companies are common compliants with said American laws.
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Old 07-13-2023, 09:34 AM   #72
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I think you are confusing a lot of things regarding the DMCA laws. The DMCA law is only to protect intellectual property rights. Which offers clauses such as fair usage policy and protection against false DMCA reports focused on silencing criticism or artistic freedom.

Fictional Example: The new Indiana Jones movie is released, The New York Times makes a criticism that the movie is very bad, the worst in history. It provides arguments and also in the article and the review of the film there are some small pieces of the film, it may well be the trailer, or some fragment. (The producers of the movie, not liking the criticism, try to take down the article with the DMCA law.) Error, in this case the fair usage policy applies and the article is protected under the DMCA law. Since it is freedom of communication and in the end it is a review of a commercial product.

Another example: Very large fragments of a work or even the entire work are shared publicly without permission. In this case, the DMCA law also applies and the content can be removed from the methods that you previously said, google takedowns etc...

But remember that basically the entire global media industry is based on the sharing of third party content.

News channels, sports channels, etc... And let's not talk about digital media or social networks, many of the videos you find on social networks like Reddit or Facebook are taken from Tiktok. Do you think that tik tok could take away the domain from Facebook or Reddit?

So the DMCA laws are not to protect youtube. They are to regulate the United States copyright industry and also to safeguard freedom of expression and communication under some of its clauses.

Europe itself has its own copyright laws. Despite the fact that the majority of European companies are common compliants with said American laws.
It all depends on the platform I would think? If a user uploads to TikTok and have agreed to their Terms Of Service then they would expect other parties to use their content now that it is public. This is not the case with stolen adult content and illegal tubes.

But to further your example with TikTok: let's say someone takes an illegal video of a person (without their consent, not age related) and posts it on TikTok which then gets used by third parties. What does the person whose likeness and image have been used without their consent do? Send a DMCA notice everywhere?

So, as always with laws and lawyers, "it depends". Therefore finding an exact comparison to the issues involved with illegal adult tubes will prove difficult.

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(The DMCA was enacted in response to the lack of laws that addressed the nature of technology and how it affects the older U.S. copyright laws. The DMCA is in Title 17 of the United States Code (U.S.C). The Digital Millennium Copyright Act focuses on protecting the register of copyrights.)
The DMCA laws need to be updated since they were enacted in the 20th century for fuck's sake.
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Old 07-13-2023, 09:54 AM   #73
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It all depends on the platform I would think? If a user uploads to TikTok and have agreed to their Terms Of Service then they would expect other parties to use their content now that it is public.

But to further your example with TikTok: let's say someone takes an illegal video of a person (without their consent, not age related) and posts it on TikTok which then gets used by third parties. What does the person whose likeness and image have been used without their consent do? Send a DMCA notice everywhere?

When you upload to tiktok, you must accept that the content can be shared with third parties through the tools offered by the platform such as embed codes such as facebook or instagram. On Instagram and Facebook I think you can block it from the privacy options. But what is certainly not in the terms of use of the platform is that users completely download the videos from the platform using third-party applications and this content is uploaded again.

Basically if you go to Reddit there are subs like tiktokcringe or instagramreality that are subs with more than 1 million subscribers that all the content is from Tiktok or Instagram.

The most famous sports media outlets download instagram images on a daily basis to create news based on photos or stories completely downloaded from the platforms.

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This is not the case with stolen adult content and illegal tubes.
I agree that this was not the case. But the OP seems to be on a DMCA ego trip and says a lot of wrong things about the DMCA laws.

Since they are also there to protect users and media from abuses by some copyright holders.
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Old 07-13-2023, 10:00 AM   #74
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Should have taken tubes out from the start nearly 2 decades ago.. Now the big ones are too big so they follow all of the rules and pretend to play like a real company, but they should never have gotten as big as they are in the first place.

Should have taken them out while they were playing the DMCA game with 'user accounts'. Those were used by the tubes themselves to get the unrealistic video and view numbers that the owners were trying to get during the growth period. One Pakistani and $500/month is all it took for at least one of the current top 5 tubes lol..
Basically when a video is DMCAd, they have x-time to take it down to comply. During that time, more of the same and similar videos would pop back up under new user accounts over and over. But it was all them, no surfers do that..

Now we have waves of people trying to take down just the "illegal" tubes, when that was really never the problem except maybe for some cam performers.. BP servers are not hard at all to keep up, if one does get shut down, another will pop right back up. They aren't stupid, and they aren't the ones taking so much money out of the industry from the rest of us that 95% of people are gone now and the rest is just cams or dating circle jerking..

But keep it up, it's fun to watch.
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Old 07-13-2023, 10:20 AM   #75
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