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Old 07-12-2009, 02:40 AM   #1
Jack Sparrow
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Whos responsible: tubeowner or sponsors?

Had a nice discussion last night with another GFY member and we couldnt agree on this subject. So i thought, lets see what others think about this matter.

This is the case:

- A sponsor XXX (adult company, or its rep) applies for a sponsoraccount.
- I check out their sites and videos, and i register for an affiliate account.
- I check if the rep is really with company XXX.
- I put up the right banners matching their XXX websites and their content on it.
- The sponsor XXX (in this case a rep or an uploader hired by this company XXX) uploads their own choice of videos. From 10second clips, to xxminutes, whatever THEY think is good for their own sales. Its THEIR content, they bought it, they upload it.
- The contentprovider who sold the company XXX the videos doesnt want the content on tube sites. Or doesnt want them to be longer then xx seconds. He holds the tubeowner responsible.

Now, these are the statements:

A) Is the tubeowner responsible for the videos XXX company uploaded? Or is it company XXX who bought this content?
B) Is the tubeowner stealing videos, and could a lawyer hold the tubeowner responsible?

We are talking about legal sponsoraccounts, from legal companies, that bought these videos and are clipping and uploading them theirselfs after aplying for a sponsoraccount.

Ps. tubeowner and contentprovide dont feel hate towards eachother, but loved to discuss about it without sugarcoating it ;)

Last edited by Jack Sparrow; 07-12-2009 at 02:44 AM..
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Old 07-12-2009, 02:46 AM   #2
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mmmmm sugar
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Old 07-12-2009, 05:39 AM   #3
IllTestYourGirls
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If you got a dmca take it down.
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Old 07-12-2009, 07:53 AM   #4
1200mics
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Since the sponsor gives you license to post that content it's clear that the problem is between the CONTENT PROVIDER vs AFFILIATE PROGRAM .
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Old 07-12-2009, 08:01 AM   #5
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your mom
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Old 07-12-2009, 08:02 AM   #6
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It's the tubeowners responsible to make sure the content on his server is legal.

If the uploader can prove they own the rights to distribute it on tubes, then the Tubeowner is in the clear

If the uploader cant prove they can use the content however they want to, then you have to take the content down.
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Old 07-12-2009, 08:45 AM   #7
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your mom
Another brainless reply from a troll, cant have a thread without one haha
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Old 07-12-2009, 08:53 AM   #8
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Quote:
Originally Posted by KrisH View Post
It's the tubeowners responsible to make sure the content on his server is legal.

If the uploader can prove they own the rights to distribute it on tubes, then the Tubeowner is in the clear

If the uploader cant prove they can use the content however they want to, then you have to take the content down.

and you better have that all in writing and signed... when you try to explain the situation to the judge icq log or email won't cut it...
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Old 07-12-2009, 02:19 PM   #9
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When a content provider aproaches you with this, take it down and pass it on to the sponsor. In the end, you're responsible what happens on your site.
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Old 07-12-2009, 02:24 PM   #10
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sponsor and provider your just the middle man
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Old 07-12-2009, 02:25 PM   #11
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you seriously need to ask our opinions on this question? you are just typing to see the words published.

content owners place restrictions on content use all the time. a licensee who violates those terms is the problem here (obviously). how the fuck is a tube site owner supposed to verify the licensing terms first-hand of a registered uploader?
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Old 07-12-2009, 02:31 PM   #12
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You might want to read the DMCA.

A tube owner, registered proplery with the copyright office, should enjoy protection under Safe Harbour.

A tube owner, then respecting DMCA laws, would respond properly to all DMCA take down requests. If the content provider DMCAs the tube, and the affiliate program can prove they actually do have the required rights, then there are penalties for filing false DMCA take down notices.
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Old 07-12-2009, 02:42 PM   #13
Jack Sparrow
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Quote:
Originally Posted by XPays View Post
you seriously need to ask our opinions on this question? you are just typing to see the words published.

content owners place restrictions on content use all the time. a licensee who violates those terms is the problem here (obviously). how the fuck is a tube site owner supposed to verify the licensing terms first-hand of a registered uploader?
Believe me im very serious, and as you can see the opinions seem to vary.

But i agree with you.
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Old 07-12-2009, 04:20 PM   #14
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Quote:
Originally Posted by KrisH View Post
It's the tubeowners responsible to make sure the content on his server is legal.

If the uploader can prove they own the rights to distribute it on tubes, then the Tubeowner is in the clear

If the uploader cant prove they can use the content however they want to, then you have to take the content down.
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