Quote:
Originally Posted by XclusiveG
So if I trademark and pay the money need which I have investors wanting to do so, I am upping the anti. I can take proper legal action if anyone does hack the software and infringe on the trademark? I am uk based but my site will be used in the US extensively. I’m getting right onto this today.
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I don't think that will make any difference. Hollywood movie companies have trademarks too, but their stuff is all over filehosts and torrents.
If (or rather, when) someone does hack the software and steals your videos, you have no way of knowing who the original ripper was anyways even if you do have a watermarking system. Stolen credit card + vpn + free email account. All you can do is go after site owners.
Yes, a trade mark will "protect you", but at the end of the day, you have to ask yourself how much money you are willing to spend on litigation (and internationally at that, because the site owner might be in the US, or Romania, or Russia, or Philippines, or might be some BVI shell corporation with a nominee director that doesn't know anything about the site) vs how much money you will actually get out of the site owners that have your content on them. Do you know how much it will cost to run dozens of lawsuits? With no guarantee of payout? You may lose some of the cases, and some of the ones you do win you won't be able to collect anything because the company in question might not have any assets worth chasing or that you can actually locate other then a shitty domain worth $20. In some cases it might not even be the tube site owner's fault the content is on there to begin with - tube site submitters could take your content, watermark it with their own website domain and upload it to various tube sites using tube submission software. The site owner you go after might have had no idea the video was even there. If I cropped 3-4 minutes out of your video and uploaded it to some random tube site it's really not outside the realm of possibility that the site owner would just accept that it's a promo clip for your paysite even if he did manually review every video.
As for torrents? You will spend a fortune even getting the identities of the seeders. In europe do to GDPR no ISP could release you the personal info attached to an IP without a court order. For each and every user your lawyer (from that jurisdiction) would have to arrange these court orders, and even then someone can argue their wifi was open or was hacked.
If the song and dance of that was worth it, Hollywood would be suing tens of thousands of people a month for sharing movies that are clearly copyrighted and piracy would be stopped dead in it's tracks - and their cases would be far more open and shut as it's pretty clear that someone doesn't have rights to upload entire Fast & Furious movies vs some obscure porn movie someone may or may not have rights to.