Pornhub ignoring DMCA's - Content producers contact me
 

Have you emailed Joe? [I am guessing so as he is the official content partner account rep [as far as I know]]. What did he say?

Just sent them about a half a dozen (again). I'll keep you posted.

:( [email protected] is from Joe used to reply me nowadays. Try reaching him directly.. xHamster and some other tubes offer digital fingerprinting of your content and you can decide if you want to delete, chop them to 6min or leave it as it is, last two gets your banner there of course. This should work well and should be industry standard..

Thanks for your response. Please keep me posted either here or via skype :thumbsup

Pornhub represents on their 2257 page a gurantee to surfers, and content producers, that "Should any content be flagged as illegal, unlawful, harassing, harmful, offensive or various other reasons, Pornhub.com shall remove it from the site without delay."

However when you goto flag your illegal, unlawfully stolen content you're told to send an email to [email protected], and it isn't taken down without delay. Mine hasn't been taken down for days. :2 cents:

Thank you. I've sent the request to that email as well now.

For any content producers who might not have the means to hire an attorney, or feel they want to hire an IP / copyright attorney outside of the adult sphere, here are some resources for PRO BONO copyright legal representation. Obviously the hopes are that ultimately a contingency case will filed.


American Bar Association list of Pro Bono IPL Resources in the United States

Harvard Law Schools Cyber Law Clinic

Suffolk Law School Intellectual Property & Entrepreneurship Clinic

Fitzpatrick, Cella, Harper & Scinto

Duane Morris LLP - Pro Bono Program Copyright Attorneys - Michael D. Schwamm, Max Voltchenko & Lew Gould


These are just a few. There are a lot more than this :thumbsup

Well two things here:

1. Joe is always VERY helpful and usually responds in a day or less. I am guessing he has already taken your videos down.
2. Being a Content Partner then threatening legal action and advocating others to do so too would get you kicked OUT of the Content Partner Program if I ran things (as I will soon be doing on my own tube).

Really man, 3-4 days, especially around Holiday Weekend time, is not crazy. If two weeks had gone by then maybe. I also get pissed when I see one of my videos with 500K views and no watermark or banner but I do what I can to have it removed (or a banner placed there) and move the fuck on.

But of course I still want PH as an affiliate. Perhaps you do not.

You can wait two weeks before getting concerned about your stolen content on a site and you believe copyright infringers should get holidays off :thumbsup

This thread isn't a "threat" of legal action, and the legal process is a long detailed one, not a quick fix.

There is a law firm with an attorney specializing in copyright infringement that's interested in a possible pattern of Pornhub not acting on DMCA notices in a timely manner. This is my first experience with them not acting in a timely manner. I'm reaching out to others, and others are having the same issue.

Well I see your point, of course. I guess I am asking what the nebulous term "a timely manner" really means.

But still, is the point here to work with your affiliate or is it to explore possible legal action? DO the offending videos come down or do they not? Or do they come down then go right back up again (a much bigger issue I would think).

That is cool he is willing to take on the Mind Geek lawyers.

Seems like a nice guy.
https://twitter.com/apenhale

...is you not being out on a Friday night working on material for your new ebook venture... :(

Ha true!! Unfortunately I am currently working on my next paysite, a vintage bareback gay site. I say 'unfortunately' because it's been nothing but hairy old cocks for weeks now. Thank God it will be done soon. LOL

But point taken. :)

AAAwww he does, kinda cute :)

fuck mindgeek and fuck that guy too

Let pornguardian know. They can also probably recommend an attorney that has actually won many times besides someone who has never done it but sees dollar signs.

Thanks for the recomendation I apprecite it. Pornguardian is my DMCA agent and I couldn't give a higher recomendation to any group of people I've worked with on my business to date.

They are masters @ documentation & letting you know exactly what you need to do to prepare for the next step. They're very well connected. Unfortunately Pornhub still isn't honoring our DMCA's for my content sent 3 days ago. Thanks again :thumbsup

LOL.. thats totally why i have never made any gay sites. I have nothing against gay porn i just don't want to look at cocks all day..

There's NOTHING wrong with being a partner and taking legal steps. This is the shame of the tube site, Not the Content Owner. :2 cents: Sending DMCA and keeping your illegal content from the tubes is Not threatening and tubes should Not feel like you describe. This is a 100% legit and normal thing to do, if they 'kick you out' from the Content Partner program for this than they STILL HAVE to remove your content which is illegally there and than they will make no money on your content anymore [at least not legally]. So in my eyes this sounds ridiculous... :2 cents: :pimp

I believe 3-4 days is a lot if it is about taking down your content. It should have been done in a Few Hours :2 cents: and I don't see why should anyone wait with it because of holidays, whatsoever... If someone would put your watermark on n underage video and upload it, you would understand what I say immediately. Not saying this could happen or if this is a common habit, but Content Complaints should be handled immediately, 365 days a year :2 cents: Such big tubes with huge budgets should not complain about doing this the right way..

Your last sentence made me believe you think that tubes are the Kings of this industry and they do you a favor when they send you this affiliate traffic. Actually, while some tubes force you to a deal to get the very last pieces of traffic [watermarking] out of your content they make fortune on the ads on your video pages which you get 0 from. I am not sure about the numbers, but while you have a video on a big tube, get 1m views, you make for example 3-10 sales on banners/links [usually half of it is yours, but you have to cover all content related costs], maybe one more on the watermark traffic [usually 100% yours] while they make multiple times more on their own [sharing 0% with you] on the traffic from popunder(s) and all kinds of other ads on the video page With Your Content... O yes, they need to cover bw costs.. which is peanuts imo if you related it to the income.

How a tube makes money is a different issue than taking down videos or working with your affiliate. I am NOT saying do not send DMCA's or to ignore stolen content on tubes. What I am saying is this business is built on relationships. This is what I meant by not wanting Pornhub (or any other tube) as an affiliate.

There are ways to do things to keep that relationship solid and to get what you want from it. Contacting Joe (the contact for Content Partners) would be the way to go. But then freaking out, going on a board seeking possible class action suit partners....come on man, that is extreme. Now WHY PH has not taken down the videos or responded I do not know why but that is strange....

Either you accept the tubes as affiliates and therefore work WTH them or you do not. But to have an adversarial relationship with them and get less business (and more headaches) does not seem smart to me. Besides, do you know how many Producers work with tubes now? Basically every single one.

You are kidding, right? LOL Didn't you just post this:

For any content producers who might not have the means to hire an attorney, or feel they want to hire an IP / copyright attorney outside of the adult sphere, here are some resources for PRO BONO copyright legal representation. Obviously the hopes are that ultimately a contingency case will filed.

Then a list of links to Attorneys. So let's get this right here: You have been a Content Partner for TWO YEARS and this is the FIRST TIME PH has not responded so you....come to GFY and start a thread like this. And STILL your vids are not taken down? Why do you think that is?

PH takes down my stuff within a day or two of being notified so why not your shit? Seems very strange to me. But that is not my overall point.

For you and Matyko: If you do not want to have tubes as your affiliates for whatever reason THEN DON'T. Complaining about how they monetize, how they promote the paysite, etc are old arguments. Tubes are going to do whatever the fuck they want to do and you, as a Producer, have the choice to work with them or not. Nearly every single content producer works with tubes, admit it, yet SO MANY complain and hate them and bitch. So why bother then?

I understand the issue, and I agree with you and Matyko that PH and every other tube should respond immediately and take instant action. But they don't. Sorry but that's reality.

Want MORE reality? You hire an Attorney, file papers, go to court....and PH takes down the video the day of the trial. Judge goes, "It's down? Case dismissed." And you have just wasted how much time and money?

Hope it works out for you. :) Sorry i got into it with you. Hopefully all your stuff you want down will come down today.

This

....

Go get 'em tiger! Hope you nail their ass to deez nuts, then nail it again. Nothing like a go getter then a go getter!

§512(c) of the Digital Millennium Copyright Act does not provide a time frame for takedowns to occur. It only says that the safe harbour is afforded providing the service provider "responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity"

There is no 24 hour takedown deadline. There never has been.

They will take them down and then some "porn surfer" will upload again. Not their fault :)

ManTHIEF.

email [email protected]

Please don't point out reality or facts.

this is correct :2 cents:

Nobody claimed the DMCA gave a 24 hour takedown deadline. What's your point?

PornHub states on their site they will take down "without delay". Within 24 hours is without delay, especially in the middle of the week. There are two solid factors that support a 24 hour deadline that wont be discussed publicly.

You of all people should try looking at the bigger picture, other statutes, case law, settled litigation, etc. and support content producers, I always supported you.

ALL PornHub content partners should have the ability to immediately remove their stolen content without delay. Content partners should not have their full videos on PornHub for DAYS after an email is sent, let alone a takedown request.

No copyright holder should be infringed upon for DAYS on PornHub, it's simply negligent, and bad business.

The last time DMCA's were sent in your companies name was 2 years ago, unless you send them out privately now and let Google still index the links so they compete with you in SEO.

Face it, you gave up a long time ago :2 cents:

Well we send out DMCAs via Remove Your Content and it is done with the corporate name, not Porn Nerd Cash.

But to be honest, yes and no. Yes I 'gave up' when it comes to the countless websites 'out there' neither I nor my DMCA company can find because of a zillion reasons. But no when it comes to any site I do business with (affiliates). I have my Team scour the major tubes we work with daily to find videos not watermarked or 'user uploaded' then contact them directly for removal.

When I said "your companies name" why would you think I meant Porn Nerd Cash?

It's been 2 years since Remove Your Content has sent DMCA's out for your company, right?

No, they send out DMCAs every month. LOL Or they better be, since I am paying them to do so. :)

Here, I just checked my email:

Removeyourcontent , LLC
616 Corporate Way, Suite 2-5065
Valley Cottage, NY 10989
USA
E-mail: [email protected]
5/14/2015 9:40:20 AM

Copyright Infringement Notice

re: FileBoom.me ( IP 162.159.243.200 )

Gentlemen:

etc etc (didn't need to post the rest, it's long). I get these all the time.

Oh ok cool you must have changed company names or report someone other than your corp as the copyright owner now.

Porn Nerd... just to put my unasked for 2 cents worth in..

If I had an affiliate that wasn't a tube, and amongst their domains had my videos, unwatermarked, and monetizing my content with zero to me, even though they send me plenty of other sales the right way - I'd soon get pissed about that, especially if I had to keep asking them every day or two to remove it but having to wait 3 days or more. I'd understand their biz model if they allowed UGC, and actually give them more leeway if they were a one man band.

If they were a multi-million dollar concern, with plenty of staff to quite rightly handle their operations, and still acted like they were a one man band dragging their heels etc, I'd be more pissed off at their lack of business competence. I have nothing against tubes these days, anyone with half a brain can see they exploited a bunch of circumstances in their favour, and while their early days were an ass rape, we are where we are. They have the traffic, and can and did dictate to most what to do, but that doesn't mean I have to swallow that *and* the fact they monetize my content in numerous ways which mean I never see a penny of it. The offset of that is the type-in traffic of which they don't see a cut, so it kinda balances out anyway.

Dare I say it, you probably aren't aware of the internal 'you cunts' emotive response that is ingrained, even if only a tiny amount these days, in those who were around prior to the tubes and the truly gargantuan traffic grab they've accomplished. That's no dig - if you haven't experienced situation A, then obviously situation B is all you've ever known and A is just a concept, but that's most likely where others are coming from.

And for those who were around for situation A, similarly it's hard for you guys to see Porn Nerd's position because you don't know what it's like to have not experienced the before and after, and the erosion of monetization as we've seen it (not that there aren't other monetization methods of course).

So, group hug?

I would honestly have to check on that aspect. The corporate name is the same but maybe the contact info has changed.

I have used RYC for years now but their searches are limited to only certain sites. I do not use them for all my sites as that would be too expensive and not really worth it so they stick to the 'whales'. :)

Hugfest!! :)

Thanks for your thoughts, I always welcome them. Since I began late in this game it's true I only know a life with tubes. But I also understand the bad feelings and where they come from.

But I am a highly pracitcal individual. As I have said many times on GFY, PLEASE show me how to get 50k uniques a DAY (without cost) to my Network of Paysites that is PROFITABLE and I will drop all tubes immediately. But you can't, no one can, all the major traffic is sewn up now.

Sure you can pay for media buys and shit traffic and somehow, after losing thousands along the way, find a mathmetical formula where you can make a profit. But I have zero interest in that game. LOL So all I know is I try and keep my relationships as strong as I can and then "adapt" in areas I myself can control. That's how I've grown and survived.

But maybe others have great traffic sources, more resources and better insights than me. In fact I'm sure they do! My nature is to try and understand both sides but I agree after x number of days I would get roayally pissed too.

Are the videos still up tho?

There's the disconnect. The last 15 years of my life has been spent creating my own content, and living solely off my content via my sites. 15 years of hard work.

The question isn't if my DMCA was finally honored, the question is why does PornHub feel it's acceptable to not honor takedown requests for days, or a week, or longer?

Yeah group hug :) Thanks for your input, well said.

I've created this thread to bring us together and openly discuss what's acceptable and what's not.

I've said many times here that I admire what PornHub has done as a company (aside from stolen content on their site). As a business, their structure has allowed them a solid growth. I'd have no problem working with them in any capacity.

As you pointed out, they're a multi million dollar company , not a one man show. They have all the resources they need to honor DMCA's within 24 hours, especially from content partners they know aren't giving false take down notices. :thumbsup

Producing your own content then seeing it scattered amongst the tubes, so often 'user uploaded', must suck big time and be incredibly frustrating. And 10 days is way too long to respond, I agree.

The issue too is many do NOT fear repurcussions if DMCAs are not honored. There needs to be more teeth in the DMCA process.

I was just trying to correct your initial comment in case you had been operating under the assumption there was a fixed period of time that was mandated for a service provider to act on a DMCA notice.

Let's hope that's not the case