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Originally Posted by will76
1. (Assuming the site does not show any porn in the free area). Adult membership sites require a valid credit card to access the member's area to see porn. That is an "action", a safe guard to keep most minors out as the vast majority of people who own credit cards are over 18.
Tube sites require no safe checks what so ever for people to upload videos. "do you own the content, yes: [x] " is not a safe guard. Tube sites could do several things to put safe guards in place, ask the person who made the video themselves to hold up a sign saying or say" this is for redtube!" It is great branding for the tube site and they instantly know the person who is submitting the clip is the owner of the clip.
Stealing is one thing, but what I don't like about tube sites is that people can upload CP to it without proving the person is of legal age. Legally they don't have to but that is just my personal thoughts, if they uploaded a copy of their id then the tube site owner could match the picture to t he id and know that 1, the person is over legal age and 2, if they in the video, there is no copyright issues.
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goodbye parody, goodbye commentary goodbye every fair use
hell goodbye using the same content across multiple tube sites to promote yourself
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2. You can't prove someone is an adult, its not possible. If you have any suggestions let me know. You can prove someone owns the content pretty easy as I explained above a couple ways.
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your above solution significantly reduces the marketplace for a tube site
you could require an independent verification, phone and address verification
hell new computers have biomentrics your could go that far. It would totally screw you over in terms of your total market size, but since your above solution does the same to tube sites, it would be hypocritical to complain.
any way if you were criminally liable for each one of these joins i am pretty certain you would come up with solution that reduces that number to zero.
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3. Correct, the law currently doesn't do anything to prevent either issues. Although depending on where you live you can go to jail for showing a nipple and the person seeing it doesnt have to be under 18 either. You can also get fined out your ass for sharing music.
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thank god i am canadian
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My solution, I wish they would go after the offendors in both cases. The child knows they are not suppose to use a credit card that is not theirs = THEFT, prosocute the little bastard and fine his parents if he is a repeat offender. The minor also knows they are not suppose to join porn sites just like they are not suppose to go the liquir store and steal booze and cigs. Minors will get what they want one way or the other, they are committing the illegal act.
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you do realize that the "liquir store" also get sanctioned. They get fines and may get procecuted for selling the booze and cigs to the minor.
you get an extra immunity level because of the anominity of the internet.
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I see people who knowingly share copyrighted content the same way as minors. They know what they are doing is wrong and they still do it. (although tube sites do ZERO to try to stop them). I still don't know why porn site owners don't do with the music industry has done and go after people who UPLOAD with hefty fines. They should be subpoening the tube site for the logs on the user who uploaded their copyrighted content. Get their email, info, ip, etc... sure some wont be traceable, but most will. Hit this people with hefty fines. THEY BROKE THE LAW, I don't think even you can contest that. Turn it up full force, sue everyone of them you can on all the big sites, then see how much copyrighted content gets uploaded.
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first of all there are privacy laws to worry about.
Second you better absolutely positive since if there is any doubt publically exposing "their porn habits" could have a massive liablity.
3rd there are fair use considerations to take into account
i have seen a lot of compilation videos (commentary)
and there is usually multiple pages of comments on each video. (commentary again).
4th the RIAA spend 3.25 for each dollar of judgement they got, and every win is being appealed over and over again now.
Most end up with ruling in the favor of the sharer.
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What will happen next is tube sites will deal with sponsors directly for the content or buy their own (which is happening a lot now ) and they wont accept true member submitted content. Which solves the problem that way as well.
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user submitted is the biggest competitive advantage a tube site can have, they would be stupid to give it up.