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Originally Posted by Robbie
You are 1000000% WRONG. Tubes are NOT required to have 2257. They are completely protected. I'm hoping that will change one day. But for now, that's the way it is. User upload = NO 2257
Sorry friend...you are wrong. If you were right, we would have already gotten rid of every tube. Don't you think we all thought of that first a couple of years ago? Open your eyes. None of them have 2257 info because they don't have to.
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I'm not wrong. Tubes are required to have 2257. There was an article on XBIZ regarding an attorney general saying tube site need to have 2257 regardless if it user upload. What you suggesting is just plain stupid. If what you say is true, then why don't you create a tube and when someone posted an underage teen having sex on your site, do you think your host are going to just sit there? Do you think authority is going to do nothing? I bet if you do it your ass will be in jail right now. To say you don't need 2257 for tube is like giving pedo a free ride to post whatever they want on the net. It have been widely know that tube need 2257 do the search yourself. And if what you are saying is so true why would these tube site bother putting up a 2257 links?
http://www.youjizz.com/2257.php
I randomly check out 5 big tubes and they all have 2257 doc. Even read what they wrote:
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* Requiring all users to be 18 years of age to upload videos. * When uploading, user must verify the content; assure he/she is 18 years of age; certify that he/she keeps records of the models in the content and that they are over 18 years of age.
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Fact is DMCA attempt failed more often then 2257 approach. The only reason why tube are getting away with DMCA is b/c the gov't don't give a shit about porn, they just let the law kill the industry themselves; and even gov't have limited resources and other priority. But if you report someone underage is posted on a fucking tube, upload or not, you are fucking doom. They will go after you for CP charge or a conspiracy to CP charge. No gov't would allow such a sick thing to happen and NO HOST WOULD WANT TO GET INVOLVED with such sleazy business.
The best way to fight tube is not to fight them directly with the letter of the law, the way to fight them is do what they have been successful at doing - skidding and finding loopholes in laws to allow them to survives. Every time they are file with the lawsuit, they put the ball on your court to prove intend (i.e. DMCA that you own the contents, etc.). The best way to fight them is to throw the ball back at them and force them to defend. This will make it more expensive for them as now they need to do something rather than you need to do something. What I'm suggesting is that people to start being creative and play the game like these jackass do - find ways to kill them without going directly at what you intend to target (i.e. taking your content down). Instead, to be successful at shutting down tube you must as I've stated, choke them, not give them a slap on the wrist with a fine or something. And the best way to choke them is to choke their traffic as this is their primary source of income.
Using 2257 creatively can allow you to throw the ball on their court. For instance, instead of going to the tube owner and telling him to take your stuff down, go to his host telling the host "this is my contents or this girls look underage and the guy who host this site do not have 2257 doc (or similar law in whatever countries they are at) as require by law. If you don't take them down I will sue your ass AND report your host to the federal authority". Now this would set up a trap, because as in their 2257 link they say, as the the quote from above, these video was age verified. If so they would need to provide the doc to the host as proof (unlikely something they'll have) and if they said this girl is over 18 and she appears on so and so site and her 2257 can be found on this site ABCBabeName.com then that show they KNEW it was stolen. So now you have something against them and not the other way around. Again it now forcing them to provide the evidence instead of you doing it.
And even if they took it down, you then send the host 1000+ video links of the video without 2257, and keep doing it until their is nothing left on the tube site. If you are successful 99% of the video will be removed and you just kill them. Of course, this is unlikely to happen, so if the host refuse to comply notify the proper authority (just to make it a headache for the host, whether federal official decide to purse or not) and then sue them and various issue that does not need to make sense, just as long as they know it is going to be much more expensive to host these tube and it better for them to shut it down.
Assuming the host is shutting down the tube, you might suggest they are just going to jump to another host. Wrong. You throw the same lawsuit at the other host and they will be down again. Even if they are down for 3 days and million of lost traffic is extremely expensive for them. They may even attempt to move it offshore, but then this will also be a problem. First, most offshore host are more expensive then US host and the speed is now where near the quality of US host. Even if they move to countries like UK, I'm more than sure countries like UK have similar laws as 2257 that you can use against the host. Furthermore some countries like Sweden (I think it Swede) that is more strict to host image of girls, even if they are over 35 but look under 18, it must be removed although that country may have a huge host of pirate. So the only choice they have left is hosting in countries like Panama or some distance offshore host. This will be extremely expensive and will choke their profits. No where can you find a 100MBS for 500 bucks and under in Panama or the like. Furthermore, hosting in such countries traffic network tends to be slow and will choke them even further. Such hosting normally will go down and when the speed is an issue, user will leaven them. They'll learn soon, it just too expensive to host illegal tube.
It is widely known some attorney for large company attempt to take down tube with DMCA, they are successful at removing their own contents, but that left the other contents behind. Company like Digital Playground have been very successful at removing their contents from tube but the fact is they wont' solve the problem for themselves or anyone else. Removing your contents only will give the impression to many webmaster that as long as I remove their contents per their request I'm fine.
The biggest threat from tube is not that they hosted your contents, the biggest threat is as long as you allow them to survive it will result of proliferation of more illegal tubes. When webmaster see that they can't make any profits and that illegal tube is rearely taken down they'll jump on the bandwagon to adapt or die. It will only give them the impression that it is fine to host other people contents without getting into much trouble. Soon the ratio of illegal tube to legal freesites will be so big it could wipe out paysite profits as you can no longer rely on your affiliate to bring you sales.
If you only remove your contents you are actually killing your business without knowing it. There are so many legal mgp/tgp that we know of have already switch to illegal tube and as long as you tell them it fine to post other people stuff but take yours down you aren't going to help yourself or anyone else. You soon will be the cause of your own self destruction.
Don't sue them to take your content down. Don't sue them to settle a lawsuit and make a temporary profit gain. Sue the motherfucker to shut them down completely if you really want to save your business. Show everyone here why they should think twice before starting or changing their freesite to illegal tube will save you more than what you may think.