For those interested in legal issues surrounding tube sites....

[Quentin]

For those interested in the legal issues surrounding tube sites and other forms of user-generated content sites, I highly recommend taking a look at the two-part article that attorney Larry Walters has written for XBIZ. We've posted part one of the article on the site this week, and part two will follow next week. Larry goes into great detail concerning the 'loopholes' in DMCA and 2257, and how they might (or might not) apply to such sites.

It's pretty rare to see this level of analytical detail offered up for free. Thanks again, Larry!

[candyflip]

By showing people the "loopholes" aren't they making it easier for those tempted to turn toward that "side" of the business?

[Damian_Maxcash]

Originally Posted by candyflip

By showing people the "loopholes" aren't they making it easier for those tempted to turn toward that "side" of the business?

Or they are giving people the information so they they can make up their own minds.

Listening to the usual GFY hysteria isnt really a great way to make informed business decisions.

[Quentin]

Originally Posted by candyflip

By showing people the "loopholes" aren't they making it easier for those tempted to turn toward that "side" of the business?

I don't think so; as the article makes clear, especially in part 2 that will post next week, there's nothing particularly simple about fitting into the loopholes....

In fact, some would argue that none of the tube sites are eligible for what is sometimes referred to as the "ISP exceptions" in 2257, DMCA and CDA.... counting on those exceptions is a risky proposition, IMO.

[seeric]

Hi Quentin!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[Quentin]

Bumping this back out front.... it's really an interesting read, especially for anyone considering launching/operating a tube site, or who is considering bringing legal action against one.

Part 2, on copyright and other intellectual property issues, is coming later this week.

- Q.

[TheDoc]

Anyone other than a few people actually going to sue tubes?


Bump for a great article.

[Snake Doctor]

Great now if we could just get all of the big tube site guys to move their operations to the U.S. so that DMCA will apply to them.

[V_RocKs]

Would be nice if the inspectors would go to one of the tub sites and ask for 2257 documents.

[gleem]

I thought this was the most interesting part of the article:

It should be noted, however, that failure to comply with 2257 requirements could result in civil claims based on unfair competition, as have been asserted in the lawsuit by Vivid Entertainment against Pornotube.com. See Vivid Entertainment LLC, supra.

so basically if they win, it will be easy for US webmasters to sue other US webmasters that aren't 2257 compliant.

This legal precendent would open a pandoras box.


Imagine all the big guys with a chest of legal fees going after the smaller fish for not being upto 2257 standards just to shut them down and kill up & comers..

More legal fees, more happy lawyers when this happens.

[Quentin]

Part two of Larry Walter's article posted this morning. This part takes up copyright and trademark issues as they relate to user-generated/user-posted content sites. It's another very interesting read -- thanks again, Larry!