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Old 03-03-2009, 11:53 AM   #1
Shap
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11 Pages ..... Really?

Hey Guys. This Trademark situation has gotten way out of hand. I honestly can’t believe this topic was worthy of 11 pages within 24 hours. Seriously, companies have been caught committing fraud, shaving, lying, stealing and their threads were a few pages. We try to protect our trademark and it’s an 11 page blow out? I mean in all honesty compared to us advertising on RedTube this seems like small peanuts. I guess I broke “Bro Law 4.3” which states...
Don’t reply to gfy threads that attack you it will only make the situation worse. Ignore them and they will go away.
Serves me right for going against the “Bro Commandments”

Anyhow, I’m not surprised some of you hate me for this Trademark situation. I’m not surprised some of you hate me for advertising on tubes. And I’m definitely not surprised some of you hate me for having the smartest and coolest wife alive ;) You guys have every right to hate me and voice your opinion when you disagree with decisions we make. Free speech is a wonderful thing and it helps us all learn and get better.

As many of you probably know I’m not a Trademark lawyer. I know very little about trademark law. In fact I know very little about most things. One of the few things I know a lot about is marketing, selling porn and keeping members happy. So as a result I try to stick to doing that and leave the other stuff up to specialists who know better than I do. Before porn I had never run a company so I have no experience in dealing with Trademark law. I rely heavily on the information and feedback I get from our lawyers. I’ve consulted multiple lawyers and I’ve received the same feedback from all of them: it is very important to protect your trademark.

That said I think it’s important to note that most of the facts people are going on are false. Here are the facts.
We registered SexTube.com in 2004
In November 2006 we started actively using SexTube.com
In December 2006 we launched SexTube.com tube site.
In December 2006 we applied for the US and Canadian Trademark on the term “SexTube”
In 2007 our Canadian and US trademark was approved.

As far as I know nobody was using the mark prior to us. I understand many of you think it’s a BS Trademark. I’m not the one that issued it. I certainly had no idea it would blow up to be as popular as it is. Now I’m stuck in a lose lose situation. If I do what I’m being told protects my business then I’m considered a greedy asshole. If I do nothing I risk losing my trademark and possibly putting at risk my investment in SexTube. Our intention was never to get free traffic from anyone. Our intention is to protect our mark.

I’m not perfect. I’ve always been 100% honest here on the board. We’ve made mistakes and done some things that were wrong. I’ve never denied our mistakes or things we’ve done. I’ve always stood up and taken responsibility for them. At the end of the day I try to run a really honest business. I take good care of my members, I take good care of my affiliates, I take good care of my employees, I take good care of my business partners (hosting companies, photographers, etc), I try to do good and honest business with every single person we come in contact with. Yet we still manage to upset, piss off and turn away a large number of you. I’m disappointed in that but realize it is inevitable. I hate that some of you consider me the scum of the earth but realize there is probably very little I could do to change that. I’m not greedy but I am ambitious. My goal is to grow Twistys as large as I possibly can. I know that’s going to come with attacks, criticism and those that flat out despise us.

I'd also like to update everyone on the HardSexTube situation. Myself and the owner of HardSexTube had a really good conversation today. We are working on a resolution that we will both be happy with. I believe we are on the same page and will have a resolution in the near future. Sorry to disappoint GFY folk but no details will be provided. All you have to know is that we are working on something that we will both be very happy with. I think that will speak for itself. As I have mentioned all along our intention is not to get free traffic but to protect our mark. I'm sure the owner of HardSexTube would tell you the same.

That's it. I won't be spending all day and night on here like I did last night. I've got too much business to take care of. We have some really big things coming to Twistys that need my attention. If any of you need to reach me mrshap at twistys dot com. Hit me up
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Old 03-03-2009, 11:54 AM   #2
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Yep you can pack them in Shap, no doubt.
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Old 03-03-2009, 11:55 AM   #3
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long post...
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Old 03-03-2009, 11:55 AM   #4
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Just wait until the trolls figure it out as well.
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Old 03-03-2009, 11:56 AM   #5
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GOD DAMN 3 posts before I could even re-read it myself.
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Old 03-03-2009, 11:56 AM   #6
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Hey its all good everyone likes a guy who lets their lawyer handle all their dirty business. Or the guy that phones the cops on his neighbors when the music is to loud.

its all good to be that guy, dont worry about it.
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Old 03-03-2009, 11:56 AM   #7
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Glad to hear you guys were or are going to be able to solve it like gentlemen.
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Old 03-03-2009, 11:57 AM   #8
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I told you, just reply to everyone blasting them with racial slurs. You'd get the same response. None of this is needed - no one that will read this has any money or traffic. You don't need to be stressing over this.
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Old 03-03-2009, 11:58 AM   #9
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what's crazy is evan at xpays has done this more then once defending his own trade marks and people praise him.

I love how GFY works.
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Old 03-03-2009, 12:01 PM   #10
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what's crazy is evan at xpays has done this more then once defending his own trade marks and people praise him.

I love how GFY works.
Evan is way more hardcore. He has patents and trademarks and isn't afraid to protect and enforce them. You don't mess with Evan
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Old 03-03-2009, 12:01 PM   #11
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what's crazy is evan at xpays has done this more then once defending his own trade marks and people praise him.

I love how GFY works.
orangepeachmangotube.com for sale, GFY special!
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Old 03-03-2009, 12:02 PM   #12
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My question is why did you wait 2 years to do something about it? Obviously the site is HUGE and it shows signs that it's the only reason you're going after him now, because he gets massive traffic..
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Old 03-03-2009, 12:03 PM   #13
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This is the age of "give it to me for free, unless its mine". Don't see why anyone would need to defend themselves against protecting their brand and trademark. Anyone that wouldn't do business with you because you aim to keep all usurpers out of the fray when it comes to your name is probably not a businessman you want in your corner anyway.
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Old 03-03-2009, 12:03 PM   #14
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Shap I stopped reading the thread after you said you had registered the sextube.com domain before even YouTube. Your position was clear to me then.

Perhaps though with the resolution you mention the 11 pager was a good thing. Sometimes it takes our peers (even if it gets a little brutal) to make us open to trying to really work things out. Also now we all have a good sense of where current passions lie in our community.

Cheers.
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Old 03-03-2009, 12:10 PM   #15
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Old 03-03-2009, 12:11 PM   #16
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Glad to see HDKiller will be keeping his site
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Old 03-03-2009, 12:15 PM   #17
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My question is why did you wait 2 years to do something about it? Obviously the site is HUGE and it shows signs that it's the only reason you're going after him now, because he gets massive traffic..
I didn't he was emailed back in 2007.
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Old 03-03-2009, 12:18 PM   #18
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TL;DR They're going to blow each other and everything will be gravy.
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Old 03-03-2009, 12:19 PM   #19
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I told you, just reply to everyone blasting them with racial slurs. You'd get the same response. None of this is needed - no one that will read this has any money or traffic. You don't need to be stressing over this.
How long can you perform cunninglus on his asshole before you need to come up for air?
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Old 03-03-2009, 12:20 PM   #20
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I didn't he was emailed back in 2007.
And still it takes until March of 2009 to actually see the light of day?

I always liked you and how you ran stuff Shap, even over the whole tube site ad purchases because I don't see anything wrong with that... but this somehow screams "He's getting more traffic and is more widely recognized than our site, so since it has our trademark keywords in it, let's take it from him!" and is just leaving a sour taste in my mouth.

I was talking with Sands about this lastnight and we both agree, you should let him keep it, maybe for a year or more, and let him build a new site and 301 redirect it to that until theres nothing left of the original domain traffic and all will be converted, so you get left with what you want, your TM and he keeps what he built.
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Old 03-03-2009, 12:23 PM   #21
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Glad you both are working on a workable solution. Good luck to you both.
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Old 03-03-2009, 12:24 PM   #22
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Anyone with generic domains should still read the other thread.
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Old 03-03-2009, 12:24 PM   #23
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sorry i still dont see how you have the rights to hardsextube.com you trademark is for sextube.com one can argue that the trademark should of been for "Sextube" without the dot com. if this was a case against someone having sextube.net or .org i could see the reasoning. Consider it like this sex.com do you think they should have the rights to come after you and take sextube.com because you're using the word "sex".

at the end of the day its just a porn site, no horny net user is going to get confused by sextube and hardsextube... your lawyer most love wasting your money
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Old 03-03-2009, 12:27 PM   #24
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And still it takes until March of 2009 to actually see the light of day?

I always liked you and how you ran stuff Shap, even over the whole tube site ad purchases because I don't see anything wrong with that... but this somehow screams "He's getting more traffic and is more widely recognized than our site, so since it has our trademark keywords in it, let's take it from him!" and is just leaving a sour taste in my mouth.

I was talking with Sands about this lastnight and we both agree, you should let him keep it, maybe for a year or more, and let him build a new site and 301 redirect it to that until theres nothing left of the original domain traffic and all will be converted, so you get left with what you want, your TM and he keeps what he built.
I can honestly say it has nothing to do with traffic. We hit him up a while ago. Then we had to wait for all our trademarks to be 100% approved. Then we had to wait on lawyers. And on and on.

Like I said Hdkiller and myself had a great talk today. If everything works out well he won't lose a single hit He worked hard. He built up the site. The last thing I want to do is harm his business.
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Old 03-03-2009, 12:28 PM   #25
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And still it takes until March of 2009 to actually see the light of day?

I always liked you and how you ran stuff Shap, even over the whole tube site ad purchases because I don't see anything wrong with that... but this somehow screams "He's getting more traffic and is more widely recognized than our site, so since it has our trademark keywords in it, let's take it from him!" and is just leaving a sour taste in my mouth.

I was talking with Sands about this lastnight and we both agree, you should let him keep it, maybe for a year or more, and let him build a new site and 301 redirect it to that until theres nothing left of the original domain traffic and all will be converted, so you get left with what you want, your TM and he keeps what he built.
that'll never happen he wants the traffic. i bet his so called deal consist of sharp getting free advertising on the site or something. some people are just greedy... i bet $200 you'll see a twistys ad on hardsextube.com within a month as part of this so called deal.
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Old 03-03-2009, 12:29 PM   #26
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Like I said in the other thread. Maybe you should contact the guy and work out a deal with him so that he still has use of the domain ( REASONABLE RENT BACK ) and can use it providing he promotes yours sites with a majority of content or something along those lines.

It sucks to see a big company take from the little guy.


Just keep one thing in mind. THERE IS ALWAYS someone bigger.
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Old 03-03-2009, 12:29 PM   #27
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sorry i still dont see how you have the rights to hardsextube.com you trademark is for sextube.com one can argue that the trademark should of been for "Sextube" without the dot com. if this was a case against someone having sextube.net or .org i could see the reasoning. Consider it like this sex.com do you think they should have the rights to come after you and take sextube.com because you're using the word "sex".

at the end of the day its just a porn site, no horny net user is going to get confused by sextube and hardsextube... your lawyer most love wasting your money
Btw the trademark is for "SexTube"
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Old 03-03-2009, 12:33 PM   #28
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Wait weren't you or one of your reps saying you're getting a ton of biz because of this? Now you're saying that everyone hates you?

As for being hated... I doubt anyone really hates you. They just think it's shitty owning a generic term(trademark) and going after others for having that term in their domain. I guess there's other reasons from what you just posted but I wouldn't say hate.
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Old 03-03-2009, 12:40 PM   #29
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Old 03-03-2009, 12:42 PM   #30
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Just goes to show you that you can draw a crowd Don't let it get to you
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Old 03-03-2009, 12:43 PM   #31
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Page 1 of this thread.
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Old 03-03-2009, 12:44 PM   #32
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I hear you but the whole trademarking sextube thing is still bullshit.
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Old 03-03-2009, 12:45 PM   #33
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P.S. Shap I don't hate you like you might think, I still think you're a good guy, everyone does some wrong things, and I think this is probably one of the only bad things you'll ever do.

As long as you do good here, you'll always be a good guy in my book.
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Old 03-03-2009, 12:49 PM   #34
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Shap is a good guy and Honest as far as I know. He is one of the people from the bigger programs that you can chat with and will do HIS PERSONAL best to help you with your sales NO MATTER How big or small you are.

When I posted my above statement in the other thread he agreed that he would be willing to work with the other guy so that they both benefit, and I dont think that has changed.
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Old 03-03-2009, 12:52 PM   #35
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So it wasn't a contest thread?
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Old 03-03-2009, 12:55 PM   #36
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Old 03-03-2009, 12:57 PM   #37
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Shap is not a good guy. You keep thinking that though. These are lies, to placate you and make you think he's a "good guy." You'll discover the truth to this situation when it comes out, and I bet it's got selective enforcement written all over it.

There's nothing good about trademarking a generic domain, and then start using it as a weapon to take other generic keyword domains. If you own any generic domains, you'll see what it's like when someone tries to steal yours.
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Old 03-03-2009, 12:59 PM   #38
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I'm reading! Seriously...
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Old 03-03-2009, 01:02 PM   #39
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Shap is not a good guy. You keep thinking that though. These are lies, to placate you and make you think he's a "good guy." You'll discover the truth to this situation when it comes out, and I bet it's got selective enforcement written all over it.

There's nothing good about trademarking a generic domain, and then start using it as a weapon to take other generic keyword domains. If you own any generic domains, you'll see what it's like when someone tries to steal yours.
If you had SexTube in 2006 and had big plans for it. You would not have trademarked it?
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Old 03-03-2009, 01:03 PM   #40
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Shap is a good guy and Honest as far as I know. He is one of the people from the bigger programs that you can chat with and will do HIS PERSONAL best to help you with your sales NO MATTER How big or small you are.

When I posted my above statement in the other thread he agreed that he would be willing to work with the other guy so that they both benefit, and I dont think that has changed.
Thanks. I've built almost every site we have from the ground up (thumbzilla obviously excluded). I know what it's like to go from 1 hit to 10 hits to 100 hits to 1000 hits. I know how much hard work that is. I'm not out to steal and profit from someone else's hard work.
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Old 03-03-2009, 01:05 PM   #41
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We just voted and Juice has revoked your Bro Card. Please cut up card and mail to:

I Was A Bad Bro
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Thank you.

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Old 03-03-2009, 01:06 PM   #42
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We just voted and Juice has revoked your Bro Card. Please cut up card and mail to:

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Thank you.

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I know. I've had a few icqs from the Bro Elite that told me I was done.
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Old 03-03-2009, 01:06 PM   #43
James124
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the fact that you entered the 11 page thread making comments on a fucking internet forum about your company's legal affairs(which you dont seem to understand) speaks volumes. What an idiotic move... other than that I dont give a fuck about you...
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Old 03-03-2009, 01:11 PM   #44
Brujah
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If you had SexTube in 2006 and had big plans for it. You would not have trademarked it?
You know the truth. You bought an expired domain that had traffic. You had big plans for it after Youtube got big, and you realized you had gotten lucky with SexTube.com. There's nothing wrong with that, but what you're doing now is.

It will be interesting to see how you handle Chokers sites next. And all those other domain owners like maturesextube.com, freesextube.com, amateursextube.com, teensextube.com, etc... now that you believe they're all yours.

You really aren't a good guy, why try so hard to convince everyone else that you are? Just embrace your big bad wolf-ness. Actions speak louder than words right?
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Old 03-03-2009, 01:18 PM   #45
sandman!
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Thanks. I've built almost every site we have from the ground up (thumbzilla obviously excluded). I know what it's like to go from 1 hit to 10 hits to 100 hits to 1000 hits. I know how much hard work that is. I'm not out to steal and profit from someone else's hard work.
i dont see how anyone could confuse sextube.com with hardsextube.com sex tube is generic how you got a trademark i have no idea but i think 90% of people will agree that its totally bullshit.

not trying to hate but what your doing is bullshit and im kind of disappointed thought you were better then pulling bullshit like this.
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Old 03-03-2009, 01:19 PM   #46
EscortBiz
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do you feel the guys with sextube in their name are costing you any money, just curious?
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Old 03-03-2009, 01:21 PM   #47
Shap
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Originally Posted by Brujah View Post
You know the truth. You bought an expired domain that had traffic. You had big plans for it after Youtube got big, and you realized you had gotten lucky with SexTube.com. There's nothing wrong with that, but what you're doing now is.

It will be interesting to see how you handle Chokers sites next. And all those other domain owners like maturesextube.com, freesextube.com, amateursextube.com, teensextube.com, etc... now that you believe they're all yours.

You really aren't a good guy, why try so hard to convince everyone else that you are? Just embrace your big bad wolf-ness. Actions speak louder than words right?
Damn it. You've convinced my employees that you are right. Here is what they've been working on.
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Old 03-03-2009, 01:21 PM   #48
dyna mo
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that thread would be 20+ pages if franck were around. +2 more pages for alienq.
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Old 03-03-2009, 01:23 PM   #49
Brujah
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Damn it. You've convinced my employees that you are right. Here is what they've been working on.
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Old 03-03-2009, 01:27 PM   #50
CyberHustler
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You know what?
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