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Old 09-01-2011, 04:01 PM   #1
fris
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Sex and the DMCA

Good article today.

Quote:
Creators of adult-oriented content already face a great deal of extra challenges when it comes to protecting their work.

The very nature of their business, in many circles, creates disdain for the industry and, as per the unwritten ?fifth? fair use factor, they are seen as ?evil?, thus harming their chances in court.

But the social stigma and discretion that comes with the industry has yet another potential problem, DMCA compliance. Because, while adult content enjoys all of the same copyright protections as other forms of material, the compliance with DMCA notices that an adult provider sees is, likely, much lower.

As someone who regularly files notices on behalf of adult content creators or against hosts specializing in adult material, I?ve noticed a trend where, while most DMCA notices see a compliance of around 95% or above, the compliance with adult content drops to 75% or below.

Sadly, this isn?t just an issue for people who are producing pornography as a lot of adult-oriented sites also end up hosting non-pornographic content. Think, for example, what happend to Lara Jade has her images were used on the cover of a porn DVD.

The problem, for the most part, isn?t content-neutral hosts (including file lockers) but rather sites aimed directly at hosting adult content. These hosts, in general, tend to be the least cooperative and, even when they do cooperate, often take the longest and do the least amount possible to resolve the issues.
full article --> http://www.plagiarismtoday.com/2011/...-and-the-dmca/
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Old 09-01-2011, 04:12 PM   #2
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Interesting article .
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Old 09-01-2011, 07:05 PM   #3
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Thanks for the link.
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Old 09-01-2011, 07:14 PM   #4
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DMCA is a very effective tool in handling the right hands. There are lots of ways to handle abusive sites. The host is really just the first stop. It's the stops after the host that you can really make their life miserable.

Upstream Providers - Deal with abusive host
Processors - Shut off their money
Search Engines - Kill Their Traffic
Promotional Traffic Vehicles - Kill Their Traffic
Sponsor Programs - Shut off their money
Registrar - Get the domain pulled
Icann - Get the domain pulled
Registry - Get the domain pulled

There's a way to handle almost every case.

Thanks for the link Fris.

Last edited by seeric; 09-01-2011 at 07:20 PM..
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Old 09-02-2011, 01:19 AM   #5
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DMCA = Whac-A-Mole
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