JFK

Fitty........Infringement Suits

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munki

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DirtyDanza

.....

I hear your teaching up in canada now..... you know what they say... those who can't... teach.....

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WarChild

Yeah man, totally. Stay golden, Ponyboy.

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czarina

let's see what comes out of this/...

Quentin

I'm doing well, sounds like you have been, too; you're planning a move to an island paradise sometime soon, no?

The hypothetical you describe (Canadian company hosting and/or transacting business in the U.S.) has played out to some extent in some actual cases. So far as I'm aware, none of those case have been fully adjudicated, but there have been settlements favorable to the plaintiff in a couple of instances, and I suspect we'll see more cases like that in the future.

The question of how a plaintiff would go about proving that a site operator was uploading the content of the tube is something that would be examined through the discovery process. Digital discovery is a powerful thing, and can be used to obtain internal company emails, lawsuit-relevant emails to third-parties, and a wide variety of other information. If a site operator has been at all careless in how they conducted their uploading, or contracting of uploading to a third party, that fact could very well be found through the discovery process.

As to use of DMCA as a defense, yes -- that's available to a non-U.S. defendant sued for copyright infringement in a U.S. court. Some UGC sites never do one thing or another that is required of them under DMCA in order to receive the benefit of the DMCA's safe harbor stipulations, however, and that can create real problems for them if they assert a DMCA defense in court. For example, they might not have compliant DMCA disclaimers on their sites, or they might never designate and register a compliance agent with the U.S. Copyright Office, or never establish and reasonably implement a "repeat offender" policy.

In order to be eligible for DMCA safe harbor, you have to do ALL of those things listed above. That's a fact that I think has escaped some UGC site operators over the years... and continues to escape some of them, from what I have observed. DMCA safe harbor isn't the only defense available to site operators; theoretically, at least, there might be fair use arguments they could bring into play

This is all substantially more complicated than I'm capable of describing, so for those reading this, don't run over to your lawyer and say "let's sue some tubes, it sounds easy!" ;-)

Realistically, lawsuits are rarely easy, and it's even more rare for them to be cheap to bring. Suing a major UGC site operator is probably beyond reach for a lot of producers/rights holders, simply due to the expense involved. Having said that, it's also not hopeless from a prospective plaintiff's perspective, and if you retain quality legal counsel that has a strong background in intellectual property law, it's an area that is ripe for litigation, for sure, under the right factual circumstances.

All of this is better discussed with a real attorney (as opposed to the armchair variety I represent) of course, and any such case will always hinge on the specific facts at hand in that case.

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Q. Boyer

Jack Sparrow

Guess nobody cares for your opinion dumbass.

Barry-xlovecam

@paul

Paul, if there is to be free full length LICENSED content on "tube-type" websites offered ? then it becomes legitimate competition. There is no legal remedy for that.

@Quentin

Quentin, only if the host server is in the United States or there are other assets to make claim against in a proceeding in rem (as property of the Defendant). Copyright infringement is governed by international treaty. With no assets to attach in the US ... Block the DNS resolution in the jurisdiction (a US Registrar (ICE)?)

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Agent 488

i do remember a US gay company did get a judgement against some tube and program owner based out of ontario i believe. can't remember the details though.

Agent 488

the US and canada have so many trade and legal agreements cross-border lawsuits happen all the time.

OnanistsCash

Quick question and maybe why not start something here from a simple thread answer.

I see your signature, you are topbucks owner or similar right? You had been the path of the lawsuit against a big player, could you disclose the total figure of lawyer costs? I know it may be something ugly to post, but why i ask this, for the following reason:

Why just not someone LEGIT and big player, TopBucks could be one of them, Private right now could be other with his current lawsuit news, just make an agreement with the Free Speech Coalition in order just to give transparency to the process and open a: AntiIllegalTubesCoalition.com site where we all against tubes could donate money for lawsuits and even small producers could help bulilding major cases by submitting their stolen content links, etc.

Right now, to take such a project ahead, we would only need:

+ Build the site that accepts donations, piece of cake. I would do the coding FOR FREE, just will need someone to hook us the design, i suck doing design stuff. Maybe i think h3ads people would do such thing for free too, they are really LEGIT and i'm sure they would be glad of supporting such a LEGIT action.

+ A third party, non private company, to give transparency to the donation process, right now the Free Speech Coalition is the only one that comes into my mind.

+ A big player who would take some of his free time doing a couple of meetings to arrange the agreement with the FSC, and then they can split the work between him and the FSC to manage the lawyers feedback, still i think from there the FSC should take care of it, at the end, its what they stand for.

+ All the producers, studios, content rights owners feedback in order to help project lawyers constantly build a better huge class lawsuit : The site interface, which i insist i would be glad to do for free, could easily have a scheme for any right owner to upload the links were his stolen content is being streamed all the time.

+ All the rest LEGIT people willing to really take down this fuckers down to donate monthly money, lets say 100 bucks? how many os uf can do that? 1000? i think we can arrange that number of people, that would be 100.000 monthly .... Off course big players would put some more and that would be put on the site publicy, it would be a good marketing promotion for the programs supporting the projects, they could be arranged on the index page by the most money they donate and links to the program

+ I could even then help the project by developing some sort of crawler for recommended illegal tubes to chase illegal content using different patterns and maybe advice content owners which ALREADY are registered and sending their stolen content links to help them achieve this, like for example, each time they log in to put a link of a video of them stolen at youjizz.com, they could receive on the interface a warning message saying: "Project bot found this movies which believe could be copyrighted by you, do you want to add this links into the copyright infringement links for the lawyers to study them?"

Thoughts? I'm willing to code anything needed for this project, we now need a Big player with contact in order to arrange meetings with good lawyer firms and the FSC and a designer to build the site interface.

PinkVisual? Private? Anybody in for doing this? I'm in, sadly i'm not a big player myself, if not, i would start this right now without help. We need a big player behind the project with experience dealing with lawyer firms experienced on this subject, copyrights infringements, contact with FSC organizations or similar, etc.

Why don't we all get together from once and solve this, come one, 1000 guys donating 100 bucks, isn't that enough? We can go one tube at a time .... Big sponsors could put more money than other .... Lets do something people!

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OnanistsCash

Project Thread : http://www.gofuckyourself.com/showthread.php?p=18076289

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**** GREAT OPPORTUNITY! I SAY IT ;) ****

Selling PaySite + Program + Tons of Promo Content + Hybryd TGP + Everything you need to start quick, jus focus on pushing traffic :P https://gfy.com/showthread.php?t=1071451

**** GREAT OPPORTUNITY! I SAY IT ;) ****

michel

Thumbs up? Hmm, the fact that link excists says enough...your content already has been spread for free all over the place