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Old 05-30-2015, 07:13 AM   #1
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Content Producers Syndicate ?

Producers and content owners.
Governments and banks are not interested in regulating our stuff.
Let us take matters into our own hands.
If we, as content owners and producers unite and discuss guidelines on how to market our content and provide our own regulations and red lines, we can dominate the market and stop organized piracy.
Any entity that derails from these guidelines and crosses our red lines will be blacklisted. We will black list them, threaten to blacklist their hosting companies, their advertisers (or the platforms that allow them to sell their ads) their sponsors, refuse their affiliations to our programs,.... No body would want to work with them anymore.

But to do that, we need to be transparent, unbiased, and be open to everyone big or small. Even if two parties hate each others, they have to be both mature about it and accept one another.
To make this transparent, an external auditor/ consulting firm should be hired to audit the process. Fees would be split among everyone.
This is just an idea by a relatively new webmaster who doesn't have the experience nor the resources to achieve any of this. If you find that it may lead to something and want to actively collaborate and further develop the idea, than please go ahead.
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Old 05-30-2015, 07:25 AM   #2
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i admire your optimism
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Old 05-30-2015, 07:28 AM   #3
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sure sounds good!
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Old 05-30-2015, 07:29 AM   #4
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I think this is a great idea. It's important to have an attorney handy, if not one of the founding members.

The organization should be a 501(c)(3) tax exempt non profit. This sends a clear message that it's mission is truly not about money or control, but about empowering a disadvantaged segment of the industry that needs a support network. Not to mention, donations will be tax deductible.

There are many federal & state programs that offer grants & loans to new NPO's. This could be the seed funding to really get it going. There are also companies and individuals that specialize in getting funding for new and NPO's.
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Old 05-30-2015, 08:11 AM   #5
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Old 05-30-2015, 08:32 AM   #6
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I think this is a great idea. It's important to have an attorney handy, if not one of the founding members.

The organization should be a 501(c)(3) tax exempt non profit. This sends a clear message that it's mission is truly not about money or control, but about empowering a disadvantaged segment of the industry that needs a support network. Not to mention, donations will be tax deductible.

There are many federal & state programs that offer grants & loans to new NPO's. This could be the seed funding to really get it going. There are also companies and individuals that specialize in getting funding for new and NPO's.
I second this but I think we need a dark arm that engages in dirty work on those infringers that keep ducking and hiding from DMCA.
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Old 05-30-2015, 08:36 AM   #7
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Originally Posted by Bladewire View Post
I think this is a great idea. It's important to have an attorney handy, if not one of the founding members.

The organization should be a 501(c)(3) tax exempt non profit. This sends a clear message that it's mission is truly not about money or control, but about empowering a disadvantaged segment of the industry that needs a support network. Not to mention, donations will be tax deductible.

There are many federal & state programs that offer grants & loans to new NPO's. This could be the seed funding to really get it going. There are also companies and individuals that specialize in getting funding for new and NPO's.
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Old 05-30-2015, 08:38 AM   #8
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I second this but I think we need a dark arm that engages in dirty work on those infringers that keep ducking and hiding from DMCA.
Dark arm = Hit them in the pockets where it will hurt them most
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Old 05-30-2015, 09:17 AM   #9
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Something like this should also be tied to Lobbying in Washington DC. The Adult Industry needs to Lobby Congress to change the DMCA laws. We need to fight on an economic level, making the case for copyright holders and lost revenue (taxes). Convince the Gov't a change in DMCA will benefit THEM (Congress) and it will happen.

A War needs to be fought on many fronts. Content producers are one front, legal action is another, Lobbying Congress is another, public awareness campaigns via social media is another, ad campaigns on mainstream sites and in the media is also needed.....

The problem? Everyone is too worried about their own shit to give a shit about "the Industry" other than on a philosophical level. What's REALLY needed is a "tax" on Adult where the monies would be used for the above ideas. Of course, who would control that money and get their dirty hands on it......LOL

GREAT idea OP - but difficult to implement. Doesn't mean it's not worth doing just that it would be difficult. But then again, the best things come from the hardest things. Good luck!
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Old 05-30-2015, 09:41 AM   #10
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I second this but I think we need a dark arm that engages in dirty work on those infringers that keep ducking and hiding from DMCA.
He'll need a costume...something with a flashy cape would be suitable.


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Old 05-30-2015, 10:01 AM   #11
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He'll need a costume...something with a flashy cape would be suitable.


That "c" is for COCKMAN!
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Old 05-30-2015, 10:48 AM   #12
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GREAT idea OP - but difficult to implement. Doesn't mean it's not worth doing just that it would be difficult. But then again, the best things come from the hardest things. Good luck!
Thanks
Hopefully we can see more thoughts and reactions to further develop this
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Old 05-30-2015, 10:50 AM   #13
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He'll need a costume...something with a flashy cape would be suitable.


I think you're on the right track with this.
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Old 05-30-2015, 12:29 PM   #14
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How did that work out for LATATA?
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Old 05-30-2015, 12:54 PM   #15
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Your idea is good but I suggest stripping it down to only fighting pirates. A collective of producers who have a good legal team, employee full time DMCA staff AND hire existing DMCA services. I don't see any need for rules or guidelines with regards to our content (as long as it's all legal and 2257 compliant)

I think trying to get any producers to share ideas or marketing strategies would be a hard sell - like to trying to corral squirrels. Everyone is so proprietary and insulated when it comes to content creation.

To qualify to join all you would have to do is show that you have material that is being pirated and pay a monthly fee. As more members join then that fee could go down.

Legal and DMCA services would be distributed in a round robin format combined with some kind of formula based on who is being violated the worst.

The "Dark Arm" (I'm serious about this) would be a group of heavies and private investigators that employee similar tactics like Scientology does to harass and intimidate infringers who refuse to takedown (or move/hide servers) to avoid taking stolen content down.

All this could be done legally (although smashing hands with hammers would be fun) and would definitely work. Pirates would way rather steal from someone else rather than fuck with our syndicate.

This is long overdue and I will stake 10k right here and right now to get it started. Anyone else?

also these suggestions could be a key part of the long term strategy:



Quote:
Originally Posted by The Porn Nerd View Post
Something like this should also be tied to Lobbying in Washington DC. The Adult Industry needs to Lobby Congress to change the DMCA laws. We need to fight on an economic level, making the case for copyright holders and lost revenue (taxes). Convince the Gov't a change in DMCA will benefit THEM (Congress) and it will happen.

A War needs to be fought on many fronts. Content producers are one front, legal action is another, Lobbying Congress is another, public awareness campaigns via social media is another, ad campaigns on mainstream sites and in the media is also needed.....

The problem? Everyone is too worried about their own shit to give a shit about "the Industry" other than on a philosophical level. What's REALLY needed is a "tax" on Adult where the monies would be used for the above ideas. Of course, who would control that money and get their dirty hands on it......LOL

GREAT idea OP - but difficult to implement. Doesn't mean it's not worth doing just that it would be difficult. But then again, the best things come from the hardest things. Good luck!
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Old 05-30-2015, 01:04 PM   #16
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I vote we call it the TAKEDOWN SYNDICATE
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Old 05-30-2015, 01:20 PM   #17
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I vote we call it the TAKEDOWN SYNDICATE
I'm curious.

How old are you?

Serious question.
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Old 05-30-2015, 01:28 PM   #19
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I vote we call it the TAKEDOWN SYNDICATE
Nope, not the word 'Syndicate". Porn/Adult has enough image problems and tho WE get the irony (and the target) few others will so it will lead to problems.

The Takedown Foundation, Copyright Holders Society, Producers United, Content Creation Security, Copyright Fair Play Foundation, Americans For Intellectual Security, Freedom For Content Producers, Copyright Tax Incentive Center.....

Like that.

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very innovative..

https://gfy.com/fucking-around-and-pr...promising.html
https://gfy.com/fucking-around-and-pr...lved-read.html
https://gfy.com/fucking-around-and-pr...questions.html
https://gfy.com/fucking-around-and-pr...ion-aciuf.html
https://gfy.com/fucking-around-and-pr...o-product.html
https://gfy.com/fucking-around-and-pr...-solution.html
https://gfy.com/business-services/965...-services.html
https://gfy.com/fucking-around-and-pr...nal-press.html
https://gfy.com/fucking-around-and-pr...philips-2.html
https://gfy.com/fucking-around-and-pr...presented.html
https://gfy.com/fucking-around-and-pr...s-pirates.html
https://gfy.com/fucking-around-and-pr...on-matter.html
https://gfy.com/fucking-around-and-pr...ht-piracy.html
https://gfy.com/fucking-around-and-pr...n-content.html
and finally
https://gfy.com/fucking-around-and-pr...lockers-1.html

Whoops. Nevermind.
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Old 05-30-2015, 01:49 PM   #20
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Producers United is good
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Old 05-30-2015, 02:35 PM   #22
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I like some of those names very cool

What would really affect piracy, aside from taking down produced porn, would be an advocate for amateurs. The kids that did a webcam and/or snapchat, etc. and didn't realize it's all over the web, or knowing but thinking they have no recourse. There are a couple tubes that love my content, and when I go to submit a takedown they're littered with underage or iffy shit.

This could also garnish media coverage if it was positioned as a way of protecting the average young adult, and a highlight of the conversation could be that there is so much underage porn content on tubes that's there legally. This could get lawmakers to take a second look at what they've done and make a course correction.

You have a choice between an adult non profit helping producers or an adult non profit protecting young adults & cleaning up the web. Or both, who knows
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Old 05-30-2015, 02:35 PM   #23
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Producers United is good
TM.



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Old 05-30-2015, 02:46 PM   #24
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I guess it has been tried. (or something similar)
https://gfy.com/fucking-around-and-pr...ion-aciuf.html
I like this response in that thread:

Quote:
Originally Posted by crucifissio View Post
Sooner or later content producers will unite. May not happen now but its inevitable, it has happened with almost every other industry and with new laws like ACTA and SOPA just around the corner it will not be such a futile fight any more. Times are changing and pirate profits will be taking a massive hit real soon.
The failure of many breeds fertile ground for one to succeed.

Looks like you have a lot of reading to catch up on with what they did in the past, learn from their mistakes.
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Old 05-30-2015, 02:47 PM   #25
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Yes the fact that some similar things failed doesn't deter me in the slightest.
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Old 05-30-2015, 02:49 PM   #26
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Why not call it explosive protection or the bang bang billies?
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Old 05-30-2015, 03:42 PM   #27
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Will never happen. But a nobel idea
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Old 05-30-2015, 05:06 PM   #28
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Will never happen. But a nobel idea
Thanks for the tip. I will not waste my time on this in that case
@JIBCONTENT I guess politics failed. You may be correct. War is the solution
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Old 05-30-2015, 07:18 PM   #29
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Just a question...

How many here actually religiously copyright their content with the U.S. Copyright Office ?

and... how many here have actually trademarked the actual watermarks that you put into your content ?

These two simple things would make the battle vs piracy much more realistic. The one common flaw I see in adult content producers is that few take the time & spend the money to actually protect their content through registration. ( U.S. Copyright Office )

And if your federally trademarked watermark gets removed from your video, well that's called reverse palming off, and is actionable. And there's no DMCA safe-harbor for trademarks, and the hosts can be liable (in the 9th Circuit) if they do not remove the offending video.

I'm actually surprised more content producers don't use TM law to strengthen their rights. Copyright can be weak but trademark isn't...
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Old 05-30-2015, 07:55 PM   #30
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Old 05-31-2015, 04:08 AM   #31
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I vote we call it the TAKEDOWN SYNDICATE
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Old 05-31-2015, 09:37 AM   #32
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good luck will never happen tho
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Old 05-31-2015, 12:35 PM   #33
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Just a question...

How many here actually religiously copyright their content with the U.S. Copyright Office ?

and... how many here have actually trademarked the actual watermarks that you put into your content ?

These two simple things would make the battle vs piracy much more realistic. The one common flaw I see in adult content producers is that few take the time & spend the money to actually protect their content through registration. ( U.S. Copyright Office )

And if your federally trademarked watermark gets removed from your video, well that's called reverse palming off, and is actionable. And there's no DMCA safe-harbor for trademarks, and the hosts can be liable (in the 9th Circuit) if they do not remove the offending video.

I'm actually surprised more content producers don't use TM law to strengthen their rights. Copyright can be weak but trademark isn't...



Pornguardian copyrights all my new releases now. It's an extra fee but it saves me the extra step and hassle of having to do it myself. I like your angle on the Trademark, nice

Your'e dealing with a three pronged approach in pinning the members of this organized crime group that's bringing the industry to it's knees: Creative, legal and technical.

While creatively we can present our material in a way that legally protects our products & brand, the technical link has always been the weakest. Exactly who downloaded the content, proving who cropped the trademarked watermark, who uploaded it where, etc.

Creative minds say why go the extra steps when I don't have the technical ability to prove who broke the law and can I afford the expense of hiring an attorney to enforce my rights?

So many in the industry see the technical weakness and say why bother with the trademark, etc. etc.

What if producers knew that paying $70 a title to copyright each release ( What I pay with Pornguardian ) and $100 a months for guaranteed legal representation from an IP attorney (send letters to ISP's, etc) (random number)? With one release a week that's just $480 a month for guaranteed enforcement of your rights.





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Old 05-31-2015, 01:59 PM   #34
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Old 05-31-2015, 04:11 PM   #35
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Bladewire - the point of TMing the watermark is so you don't have to prove who uploaded the content. There's no free pass for "anonymous" uploaders. If the stripped content is sitting on their servers and they have notice (in the Ninth Circuit) it can lead to a finding of contributory TM infringement...

Here's what I wrote about it 3 years ago...

Piracy and Trademark Law: A Way Stop to Content Theft - AdultBizLaw

And here's a quote from a legal treaty on TM infringement...

?Liability for trademark infringement and unfair competition may be extended beyond those who actually sell goods with the infringing mark, to include those contributory infringers who knowingly cooperate in illegal and tortious activity.? J. Thomas McCarthy, McCarthy On Trademark and Unfair Competition (2002) §§ 25:17, 18, referencing Warner & Co. v. Eli Lilly & Co., 265 U.S. 526 (1924) (applying common law concept of contributory infringement).

And here's the Ninth Circuit case that extend liability to the hosting companies...

http://cdn.ca9.uscourts.gov/datastor...2/10-15909.pdf
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Old 05-31-2015, 04:45 PM   #36
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Bladewire - the point of TMing the watermark is so you don't have to prove who uploaded the content. There's no free pass for "anonymous" uploaders. If the stripped content is sitting on their servers and they have notice (in the Ninth Circuit) it can lead to a finding of contributory TM infringement...

Here's what I wrote about it 3 years ago...

Piracy and Trademark Law: A Way Stop to Content Theft - AdultBizLaw

And here's a quote from a legal treaty on TM infringement...

“Liability for trademark infringement and unfair competition may be extended beyond those who actually sell goods with the infringing mark, to include those contributory infringers who knowingly cooperate in illegal and tortious activity.” J. Thomas McCarthy, McCarthy On Trademark and Unfair Competition (2002) §§ 25:17, 18, referencing Warner & Co. v. Eli Lilly & Co., 265 U.S. 526 (1924) (applying common law concept of contributory infringement).

And here's the Ninth Circuit case that extend liability to the hosting companies...

http://cdn.ca9.uscourts.gov/datastor...2/10-15909.pdf

I read your full article, and the full 17 pages of the final opinion by Judge Gould.

I particularly like this part of his judgement:


Page 9

[6] We have never held that an express finding of intent is
necessary to support liability for contributory copyright
infringement. To the contrary, we have held that “intent may
be imputed” as a result of “a service provider’s knowing failure
to prevent infringing actions.”
Amazon.com, 508 F.3d at
1172. The district court was not required to instruct the jury,
as Appellants suggest, to make a separate finding that Appellants’
knowing action evinced intent to contribute to copyright
infringement. See A&M Records, Inc. v. Napster, 239 F.3d
1004, 1020 (9th Cir. 2001) (“Contributory liability requires
that the secondary infringer ‘know or have reason to know’ of
direct infringement.”).


and this


[7] Material contribution turns on whether the activity in
question “substantially assists” direct infringement. Amazon.com,
487 F.3d at 729. There is no question that providing
direct infringers with server space satisfies that standard.
In
Visa, 494 F.3d at 799-800, we held as a matter of law that
defendants did not materially contribute to infringement
because “[t]hey d[id] not operate the servers on which [the
infringing images] reside[d].” The opposite is true here.
Akanoc’s servers are “an essential step in the infringement
process.”



I like your AdultBizLaw site too, a lot of information there










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Old 05-31-2015, 11:50 PM   #37
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Bump for this nice thread!
My company manages the Content Partner Channels of Dogfart.com and our service contains anti-piracy acts as well. Dogfart.com allied up with RYC I think and they made a simple surface for us to easily report piracy/shady links:
http://dogfartnetwork.com/piracy/
We can post as many URLs at once as we want, and all gets emailed to RYC and Dogfart.com as well.
All programs should have something like this.. Could even make a contest to offer something to the affiliate who has the most reported URLs or whatever...
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Old 06-01-2015, 12:10 AM   #38
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Bump for this nice thread!
My company manages the Content Partner Channels of Dogfart.com and our service contains anti-piracy acts as well. Dogfart.com allied up with RYC I think and they made a simple surface for us to easily report piracy/shady links:
http://dogfartnetwork.com/piracy/
We can post as many URLs at once as we want, and all gets emailed to RYC and Dogfart.com as well.
All programs should have something like this.. Could even make a contest to offer something to the affiliate who has the most reported URLs or whatever...
I want to talk to you about your company and how it manages the CPP channels. I don't know if you could handle the volume of my weekly uploads, channels, paysites, tubes, etc. tho.
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Old 06-01-2015, 12:11 AM   #39
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Bump for this nice thread!



Matyko is One of the Best!






WARNING: BEWARE OF USER "THE PORN NERD" - TIME WASTER











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Old 06-01-2015, 12:19 AM   #40
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One of the best
BEWARE OF PORN NERD - TIME WASTER
Damn you are such a hypocrite. You are a mouthy fuck on this forum and it is you who wastes everyone's time... lol.

watcha gonna do tough guy? Blow someone up or shoot them.

Fuck off and die you insignificant cunt.

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At this point in my life, my son is grown, I've lived a good life, and I'd have no issue with bombing their CDN's or shooting any one of them, their wives, their partners, their children, their mothers, fathers, in the face. They've destroyed what I'ved worked so fucking hard for with no respect, and total disregard and for what? For pennies on what they could have made doing good business.
https://gfy.com/20483675-post69.html



SIDE NOTE: It was an amazing 48 hours. The pool, the weather, the sex, the sex, if this is my last spring/summer I'll die happy. It's just past 7:30 and fucking GFY WTF. This is what I do while they are falling asleep. Mind you, I will blow the fuck up or shoot in the face the content thieves if they continue. I've lived a long full life, I'd rather die with honor than die a cheated sucker. Mark my words thieving fuckers, stop or I will hunt you the fuck down and kill you and everything you've ever loved
https://gfy.com/20483766-post107.html
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Old 06-01-2015, 12:35 AM   #41
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Damn - I'm an anonymous cunt infection what to Oooooz































































































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Old 06-01-2015, 06:56 AM   #42
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Old 06-01-2015, 02:04 PM   #43
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Just a question...
... how many here have actually trademarked the actual watermarks that you put into your content ?

.......

And if your federally trademarked watermark gets removed from your video, well that's called reverse palming off, and is actionable. And there's no DMCA safe-harbor for trademarks, and the hosts can be liable (in the 9th Circuit) if they do not remove the offending video.
Is trademarking the brand/site name enough?

ie - sitename is a trademark, and they remove the text of sitename.com from the video?
Or
Does the graphic/logo need it's own trademark?
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Old 06-01-2015, 03:04 PM   #44
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Is anyone looking at and trying to solve the biggest problems in the industry? I agree pirating needs to be stopped but I think the biggest problem is how much porn is all over the place for free. User uploads need to be stopped or at least checked before added, Sites should be responsible to police themselves. I think that full videos being available for free is the number 1 issue. Tubes should be showing teasers. "guidelines on how to market our content" That would be the best thing that could ever happen to this industry.

Sad but things are the way they are for a reason. People are after a quick buck and willing to kill this industry to get whatever they can RIGHT NOW!
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Old 06-01-2015, 08:50 PM   #45
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This is a terrible idea.

First, what you are suggesting and the fact that you refer to it as a "syndicate" that will use coercive methods to create market controls is illegal. Say hello to a RICO prosecution. I am surprised Pornlaw didn't point this out because he has had the only reasonable points in the thread so far.

And he is right, the things everyone should do they don't, like copyright and trademark.

For so many years I have heard "we should do this" from people that inevitably just expect someone else to pony up and do all the work and pay all the money to deal with their problems. As someone that actually helped put a group together which in fact did something to protect the industry I can tell you a ton of reasons it will never happen.

The first and most important reason is this is a business not a humanitarian effort. Your competition doesn't care if your losing out to pirates; on the contrary, they celebrate it.

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