Sorry this post will be much quicker then the last as its been a long night and about 9AM now.
Youtube = free no direct upsell to any service it has any connection to any sales made directly to the users. Its paid based on the AD placements.
Pornhub and Moviebox at the end of the day are connected on a corporate level
Just the same as Moviebox's video license rights can extend to all the sites and entities. Can it also not be said that Profits and or advances made possible from 1 division then extend to all directly and or indirectly at the parent company level.
Voiding the shell that Pornhub is not directly profiting from the Moviebox.
Even if separated by using different divisions/company names/bank accounts/workers..
The parent company is what stands to profit...
Or is it much more simple then I'm thinking and Napster would still be around had it just upsold its' users a premium download service that was owned by a branched off division?
Yet still owned by the same parent company.
I think this will just endup in an area away from DMCA and Safe Harbor and into the areas of dealing with:
Parent-Subsidiary Liability
Parent-Subsidiary Infringements
Parent-Subsidiary Assets
Parent-Subsidiary consent to commit
Parent-Subsidiary collusion
bla bla bla..
And this is not the road that I was looking to walk down.
I'm just wondering if it's option A or option B..
Because it's starting to sound like Napster would still be around making money had it just setup a division that handled its' premium users and setup the premium service as a stand alone site and just white labeled a copy.
And they only messed up the safe harbor part due to direct profit from members.
*selling of ad space is not subject to this. (youtube)*
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