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the.drunk 04-14-2009 12:44 PM

so many illegal tube sites
 
i see trade threads for "legal" only tubes but thread starter is clueless himself with illegal tube owned by him, every tube is illegal you think is legal and every tube you say is illegal is really for fact legal under US law

legal tube = organic; user submitted only; follows dmca

illegal tube = sponsor imported videos; videos added by admin; no 2257 docs (you need them when upload yourself or sponsor import); not protected by dmca; using script that import databases of videos for you



i am no lawyer but i pay hefty price to one and this is how i have been advised

if you for fact upload, import, take down with out receiving dmca notice you are for fact owner of illegal tube if you for fact do not have all proper 2257 docs for all content found on your tube site

i just thought i would share so there is no excuse when doj and fbi come for inspection

Splum 04-14-2009 12:46 PM

You idiot all tubes are LEGAL unless you prove they specifically upload illegal material. What the fuck do you think Youtube is? How can you motherfuckers make money in this business when you are so fucking stupid?

the.drunk 04-14-2009 12:49 PM

Quote:

Originally Posted by Splum (Post 15743411)
You idiot all tubes are LEGAL unless you prove they specifically upload illegal material. What the fuck do you think Youtube is? How can you motherfuckers make money in this business when you are so fucking stupid?

you just said what i said but shorter

Killswitch - BANNED FOR LIFE 04-14-2009 12:50 PM

Oh man, this is gonna be a doozy.

Splum 04-14-2009 12:51 PM

Quote:

Originally Posted by the.drunk (Post 15743435)
you just said what i said but shorter

No... I really didnt. :2 cents:

the.drunk 04-14-2009 12:55 PM

Quote:

Originally Posted by Splum (Post 15743443)
No... I really didnt. :2 cents:

then you are clueless

for fact if tube does not have upload option they are illegal for fact a tube that has upload option is full of huge movies but has solid dmca policy is legal, for fact if tube site is using sponsor imported content it is illegal unless they in fact have there 2257 docs in order

Killswitch - BANNED FOR LIFE 04-14-2009 12:57 PM

Quote:

Originally Posted by the.drunk (Post 15743462)
then you are clueless

for fact if tube does not have upload option they are illegal for fact a tube that has upload option is full of huge movies but has solid dmca policy is legal, for fact if tube site is using sponsor imported content it is illegal unless they in fact have there 2257 docs in order

:eek7 :eek7 :eek7

the.drunk 04-14-2009 01:07 PM

read to understand http://www.copyright.gov/legislation/dmca.pdf

Splum 04-14-2009 01:09 PM

Quote:

Originally Posted by the.drunk (Post 15743462)
for fact if tube does not have upload option they are illegal for fact a tube that has upload option is full of huge movies but has solid dmca policy is legal, for fact if tube site is using sponsor imported content it is illegal unless they in fact have there 2257 docs in order

For fact I dont understand engrish.

Ozarkz 04-14-2009 01:11 PM

The o.p is slightly confused.

the.drunk 04-14-2009 01:13 PM

more for read http://www.zei2257.com/FR-28CFR75-20081218.pdf

escoman 04-14-2009 01:14 PM

Quote:

Originally Posted by the.drunk (Post 15743462)
then you are clueless

for fact if tube does not have upload option they are illegal for fact a tube that has upload option is full of huge movies but has solid dmca policy is legal, for fact if tube site is using sponsor imported content it is illegal unless they in fact have there 2257 docs in order

mm, what we call "illegal tubes" (user uploads) are protected by dmca. what we call "legal" tubes (imported vids) need 2257 docs, but what sponsors doesn't have 2257? There's no problem to argue about.

the.drunk 04-14-2009 01:15 PM

read some more http://www.usdoj.gov/criminal/optf/l...nce-guide.html

BFT3K 04-14-2009 01:15 PM

I'm with the drunk on this one!

Either you are allowing users, and ONLY users, to upload content, or you are uploading as the owner of the tube, at which point you require docs to be 2257 compliant.

I'm just waiting for an adult tube site DOJ inspection. It should be VERY interesting!

the.drunk 04-14-2009 01:18 PM

Quote:

Originally Posted by escoman (Post 15743556)
mm, what we call "illegal tubes" (user uploads) are protected by dmca. what we call "legal" tubes (imported vids) need 2257 docs, but what sponsors doesn't have 2257? There's no problem to argue about.

you are correct but many site owners are not owned by sponsors they are owned by affiliates and they do not have 2257 docs and there for are illegal



i no argue here i am just stating some facts for the people to know i would hate for nice legit and honest webmasters to get trouble because they have been misinformed or uninformed

the.drunk 04-14-2009 01:21 PM

Quote:

Originally Posted by BFT3K (Post 15743562)
I'm with the drunk on this one!

Either you are allowing users, and ONLY users, to upload content, or you are uploading as the owner of the tube, at which point you require docs to be 2257 compliant.

I'm just waiting for an adult tube site DOJ inspection. It should be VERY interesting!

it is really as simple as that

the.drunk 04-14-2009 01:25 PM

best read so far easy for you to comprehend http://www.xbiz.com/articles/legal/90152

MIS 04-14-2009 01:31 PM

Quote:

Originally Posted by the.drunk (Post 15743606)
best read so far easy for you to comprehend http://www.xbiz.com/articles/legal/90152

On the page I read

"This online business method seems to be the latest rage in the industry, with about half of our firm's clients looking to sue an adult tube site and the other half looking to open one."

No matter what happens in this world, LAWYERS always make money somehow, from both sides of the fence. LOL. I <3 lawyers

BFT3K 04-14-2009 01:32 PM

The internet is not a big truck.

You cannot just dump tons of free porn on it.

The internet is a series of tubes...

https://youtube.com/watch?v=-MWKsXO4FZw

the.drunk 04-14-2009 01:40 PM

Quote:

Originally Posted by MIS (Post 15743641)
On the page I read

"This online business method seems to be the latest rage in the industry, with about half of our firm's clients looking to sue an adult tube site and the other half looking to open one."

No matter what happens in this world, LAWYERS always make money somehow, from both sides of the fence. LOL. I <3 lawyers

:1orglaugh

the.drunk 04-14-2009 01:43 PM

Quote:

Originally Posted by BFT3K (Post 15743646)
The internet is not a big truck.

You cannot just dump tons of free porn on it.

The internet is a series of tubes...

https://youtube.com/watch?v=-MWKsXO4FZw

the internet is "tubes" :thumbsup

brassmonkey 04-14-2009 01:46 PM

i dont like police:helpme

TeenCat 04-14-2009 01:46 PM

oooh another drama self loving newbie or fake nick ...

brassmonkey 04-14-2009 01:48 PM

Quote:

Originally Posted by TeenCat (Post 15743702)
oooh another drama self loving newbie or fake nick ...

damn you using those cross hairs:2 cents:

WarChild 04-14-2009 01:53 PM

What if 2257 doesn't apply to you because you're not in the USA?

BFT3K 04-14-2009 02:01 PM

Quote:

Originally Posted by WarChild (Post 15743732)
What if 2257 doesn't apply to you because you're not in the USA?

Good question. A few more questions along those lines would be...

1) Are you a US citizen?
2) What if you are in the states but your server is not?

I would imagine that if you are a US citizen running an adult site anywhere in he world you are still bound by US laws, but you would have to ask a lawyer.

I think most tubes ARE run on US servers, and I think many of the biggest offenders ARE US citizens, so are you willing to roll the dice? Do you feel lucky, punk?

the.drunk 04-14-2009 02:02 PM

Quote:

Originally Posted by WarChild (Post 15743732)
What if 2257 doesn't apply to you because you're not in the USA?

then you do not have to worry about it because us laws have no meaning to you, only laws you should understand are laws local to yourself

BFT3K 04-14-2009 02:08 PM

Quote:

Originally Posted by the.drunk (Post 15743764)
then you do not have to worry about it because us laws have no meaning to you, only laws you should understand are laws local to yourself

That's not necessarily true. He asked what it would mean if you were not in the US.

If a US citizen goes to Bangkok and gets caught with an underage prostitute (for example), that person can still be charged as a US citizen - regardless of where they are.

A US citizen running adult sites out of another country is still a US citizen, at least as far as I can tell. Again, a good question for a lawyer...

Dirty Dane 04-14-2009 02:13 PM

I have no idea what you (or you laywer) are talking about, but there are no definitions in the laws about "legal/illegal tubes". As far I know...
The laws define 'digital' content in general, and 2257 is related to the humans in that content. So it doesn't matter if its a tube or image. 'Violaters' is just a technical question about who is responsible. The same with copyright issues, which has nothing to do with 2257.

the.drunk 04-14-2009 02:16 PM

Quote:

Originally Posted by BFT3K (Post 15743785)
That's not necessarily true. He asked what it would mean if you were not in the US.

If a US citizen goes to Bangkok and gets caught with an underage prostitute (for example), that person can still be charged as a US citizen - regardless of where they are.

A US citizen running adult sites out of another country is still a US citizen, at least as far as I can tell. Again, a good question for a lawyer...

When traveling you can be prosecuted under US law, but if you move and take up legal residence offshore and run your business completely offshore you are not held to US law

notime 04-14-2009 02:17 PM

Either it's legal content or it's not.

If a private person uploads his/her OWN content AND gives permission (and if needed by local law; copy ID / modelrelease): then=legal if age>18 (depending on country)

If anybody else uploads/adds it (wether the owner, a paid uploader or consumer uploader)..the question is did the model(s)/producer(s)/studio(s)/Broker(s)/affiliate program(s) give (written) permission to do so: yes or no ?

There is your anwer.

(some countries have flaws in the laws and it's not dealt with 100% legally as in the 10 commandments; "thy shall not steal" for example)

the.drunk 04-14-2009 02:17 PM

Quote:

Originally Posted by Dirty Dane (Post 15743804)
I have no idea what you (or you laywer) are talking about, but there are no definitions in the laws about "legal/illegal tubes". As far I know...
The laws define 'digital' content in general, and 2257 is related to the humans in that content. So it doesn't matter if its a tube or image. 'Violaters' is just a technical question about who is responsible. The same with copyright issues, which has nothing to do with 2257.

sites with user generated content do not have to follow 2257 guidelines and are protected by the dmca safe harbor

the.drunk 04-14-2009 02:20 PM

Quote:

Originally Posted by notime (Post 15743818)
Either it's legal content or it's not.

If a private person uploads his/her OWN content AND gives permission (and if needed by local law; copy ID / modelrelease): then=legal if age>18 (depending on country)

If anybody else uploads/adds it (wether the owner, a paid uploader or consumer uploader)..the question is did the model(s)/producer(s)/studio(s)/Broker(s)/affiliate program(s) give (written) permission to do so: yes or no ?

There is your anwer.

(some countries have flaws in the laws and it's not dealt with 100% legally as in the 10 commandments; "thy shall not steal" for example)

the only thing that can legally determine that for a tube site owner is receiving a dmca take down notice, i can not remove content at will because i believe it infringes someones copyright and if i do i am no longer protected under the safe harbor

BFT3K 04-14-2009 02:21 PM

Quote:

Originally Posted by the.drunk (Post 15743814)
When traveling you can be prosecuted under US law, but if you move and take up legal residence offshore and run your business completely offshore you are not held to US law

I wouldn't bet the bank on that one. I think if Bernie Madoff was running his ponzi scheme out of Costa Rica he would still be a US citizen breaking US laws, but again, I am not a lawyer, so who knows?

Dirty Dane 04-14-2009 02:25 PM

Quote:

Originally Posted by the.drunk (Post 15743820)
sites with user generated content do not have to follow 2257 guidelines and are protected by the dmca safe harbor

No, the world and illegal/legal is about more than just 2257. If someone ignore user-submitted childporn on their server and ignore reporting it, they could be punished by other laws. Even harder than 2257.
"Safe harbor"? I think not. Read the laws.

the.drunk 04-14-2009 02:29 PM

Quote:

Originally Posted by Dirty Dane (Post 15743859)
No, the world and illegal/legal is about more than just 2257. If someone ignore user-submitted childporn on their server and ignore reporting it, they could be punished by other laws. Even harder than 2257.
"Safe harbor"? I think not. Read the laws.

correct if someone uploads illegal content, illegal meaning cp, beast and other stuff of obscenity they are required to remove it

we are talking about porn that is legal to have and view

when you have a site that is organically user submitted and you follow dmca take down laws correctly your tube site is legal, if you are importing sponsor content and do not have 2257 docs your tube site is illegal

notime 04-14-2009 02:29 PM

Quote:

Originally Posted by the.drunk (Post 15743836)
the only thing that can legally determine that for a tube site owner is receiving a dmca take down notice, i can not remove content at will because i believe it infringes someones copyright and if i do i am no longer protected under the safe harbor

There is the DMCA or law is on one side and the old school studios could be on the other.
Some old school guys might send 6 gorilla's to see if there are bananas there to peel if they get really hungry. I saw on the Discovey channel that monkey's have this territorial thing going on.

Yngwie 04-14-2009 02:33 PM

my shitty "tube" site had ZERO uploaded content.. Not even uploaded by me. It's ALL embedded vids provided by the sponsor.

BFT3K 04-14-2009 02:34 PM

Quote:

Originally Posted by notime (Post 15743880)
Some old school guys might send 6 gorilla's to see if there are bananas there to peel, if they get really hungry.

Now we're talking!

the.drunk 04-14-2009 02:37 PM

Quote:

Originally Posted by notime (Post 15743880)
There is the DMCA or law is on one side and the old school studios could be on the other.
Some old school guys might send 6 gorilla's to see if there are bananas there to peel if they get really hungry. I saw on the Discovey channel that monkey's have this territorial thing going on.

the point of this thread was to inform those who own illegal tubes sites that believe they are legal



now to talk of the big legal tube sites full of pirated content then we will need a new thread

Dirty Dane 04-14-2009 02:40 PM

Quote:

Originally Posted by the.drunk (Post 15743879)
correct if someone uploads illegal content, illegal meaning cp, beast and other stuff of obscenity they are required to remove it

we are talking about porn that is legal to have and view

when you have a site that is organically user submitted and you follow dmca take down laws correctly your tube site is legal, if you are importing sponsor content and do not have 2257 docs your tube site is illegal

Well, the problem is that you do not always know for sure if its legal or not. So how do you know what is required to remove??
Thats "why" they designed 2257 - to ensure it (even if it a good tool to harm adult biz too - but thats policy..). Officially, its designed for what the adult industry "failed" to do.

Sure, you won't go 5 years to jail for someone else submitting without proper IDs. But thats not "safe harbor", if you can still go 10 years to jail for ignoring it.

the.drunk 04-14-2009 02:41 PM

i think if we do send some gorillas to some people with big legal tube sites it will bring some heat on whole industry and label will resurface we are run by mob and the regulations will start to come on strong and the whole industry will get ruined

best way to fight big legal tubes is legally

notime 04-14-2009 02:43 PM

Quote:

Originally Posted by the.drunk (Post 15743904)
the point of this thread was to inform those who own illegal tubes sites that believe they are legal

my point exactly :2 cents:

the.drunk 04-14-2009 02:45 PM

Quote:

Originally Posted by Dirty Dane (Post 15743912)
Well, the problem is that you do not always know for sure if its legal or not. So how do you know what is required to remove??
Thats "why" they designed 2257 - to ensure it (even if it a good tool to harm adult biz too - but thats policy..). Officially, its designed for what the adult industry "failed" to do.

Sure, you won't go 5 years to jail for someone else submitting without proper IDs. But thats not "safe harbor", if you can still go 10 years to jail for ignoring it.

well it is a topic of great debate but i will say if video is uploaded and is suspected that they are minor and there is no 2257 statement in video then you are legal to take it down no questions asked






users submitting videos are who we should go after

they are in fact supposed to put 2257 notice on every video they upload

you can also get court order the records of tube sites to find out who is uploading your content with out permission and sue them




you have to go after users of tubes not owners if you want to get any ground

the.drunk 04-14-2009 02:47 PM

if people start getting sued by the thousands for uploading porn it will be in the media and people will get the picture

Dirty Dane 04-14-2009 03:08 PM

Quote:

Originally Posted by the.drunk (Post 15743938)
well it is a topic of great debate but i will say if video is uploaded and is suspected that they are minor and there is no 2257 statement in video then you are legal to take it down no questions asked

users submitting videos are who we should go after

they are in fact supposed to put 2257 notice on every video they upload

you can also get court order the records of tube sites to find out who is uploading your content with out permission and sue them

you have to go after users of tubes not owners if you want to get any ground

Yes, you are correct. But my point is that no one is safe, because there are many laws. Not just 2257. The 2257 is basically designed for you, not to break other laws, which can get you to jail for even longer time :)

I'm not a laywer, but I'm pretty sure the top laywers on YouTube or other user submitted hosts have discussed these issues, regarding sexually related uploads. Even if there are no nudity, it could still violate the other US laws about childporn.

So as a hoster, you have to ensure it won't happen. All the smut not allowed on YouTube, is now a business model for porntubes, and they are not exceptions from the same issues. If some hoster ignore the laws, no matter which law, then there is a reason for "going after" him too.
These issues has nothing to do if its a tube or not, but how its operated regarding spreading some specific content. Torrent sites.. even wikipedia is no exception :)

notime 04-14-2009 03:09 PM

Quote:

Originally Posted by the.drunk (Post 15743946)
if people start getting sued by the thousands for uploading porn it will be in the media and people will get the picture

The political lobby is set in motion already by warner's/disney's/paramounts/ etc.
In France your SDL connection will be terminated, in Germany you will be sued to your last cent, etc. In other countries your ISP is governed to keep all data of all your surfing/downloading/etc. as a pre-action to later, yet to be set, legal consequences.

BFT3K 04-14-2009 03:09 PM

How did this thread go so far off topic?

I thought it was all about angry monkeys.

Here, this should get us back on course...

https://youtube.com/watch?v=ux8SGKrC1SA

Janak 04-14-2009 03:09 PM

Your Mom is an illegal tube site.

420 04-14-2009 03:14 PM

the.drunk is mindwaste's fake nick


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