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-   -   Business What stops tube sites from being sued these days for repeated copyright infringement? (https://gfy.com/showthread.php?t=1365101)

beavr 05-25-2023 01:03 AM

What stops tube sites from being sued these days for repeated copyright infringement?
 
Some bad ass tubes like Porntrex and SpankBangha get out of hands with repeated infringement.

It should be their job to prevent infringing content hitting their platform rather than us tracking it.ha

Any particular reason why aren't there legal actions happening? Anyone industry lawyers and copyright owners want to join the effort with SexLikeReal?

wankawonk 05-25-2023 01:05 PM

who's gonna police it?

the site's owner is gonna be located in russia or kyrgyzstan or something and the site will be hosted with offshore dmca-ignored hosting, and the TLD will be outside of western jurisdiction

good luck shutting down an operation like that.

Huggles 05-25-2023 01:21 PM

Quote:

Originally Posted by wankawonk (Post 23137956)
who's gonna police it?

the site's owner is gonna be located in russia or kyrgyzstan or something and the site will be hosted with offshore dmca-ignored hosting, and the TLD will be outside of western jurisdiction

good luck shutting down an operation like that.


Sites like TNA Flix have been operating for years with blatantly stolen shit...

ptubes 05-25-2023 02:56 PM

US supreme Court, the equivalent in the UK and the EU have all come to the same conclusion and ruling, independently of one another:

It's often referred to in the US as the "Server Test" to determine if dmca has in fact been violated:

Embedded content is legally treated as no different from a link to the site, and the site owner in that case does not actually have any infringing material of any kind on their server...

So one of the crucial elements that must be met in order for a judge to find that you have violated dmca (among other things) is to determine whether or not the content is hosted on a server belonging to the site in question..

Another reason why is that if it was embedded from one of the big Tube sites, by the copyright holder, even if the previous statement wasn't the case, which it is and has been unchanged for at least 10 years now, the major tube sites have uploaders, usually original copyright holders, agree to their terms of service which in just about every, if not every case includes a provision that grants unlimited distribution and promotional rights enabling that content to be displayed essentially anywhere they want, on their own sites, or on any partner affiliate or related sites or for promotion of any kind in any way they see fit. Any one of those provisions would indemnify the webmaster in and of itself let alone all of them

DVTimes 05-25-2023 04:49 PM

One suspects the legal costs would end up huge, and probably not worth the effort.

RycEric 05-25-2023 07:08 PM

Why sue the hand that feeds you?

RycEric 05-25-2023 07:09 PM

Quote:

Originally Posted by wankawonk (Post 23137956)
who's gonna police it?

the site's owner is gonna be located in russia or kyrgyzstan or something and the site will be hosted with offshore dmca-ignored hosting, and the TLD will be outside of western jurisdiction

good luck shutting down an operation like that.

There's a number of ways to make it happen, nobody wants to spend the money though... or.. see my previous post.

k0nr4d 05-25-2023 10:53 PM

Quote:

Originally Posted by beavr (Post 23137732)
Some bad ass tubes like Porntrex and SpankBangha get out of hands with repeated infringement.

It should be their job to prevent infringing content hitting their platform rather than us tracking it.ha

Any particular reason why aren't there legal actions happening? Anyone industry lawyers and copyright owners want to join the effort with SexLikeReal?

Namely, it's the investment into it with no guarentee of return. Litigating internationally is expensive and it's difficult to actually get the money even if you win.

beavr 05-26-2023 12:23 AM

Quote:

Originally Posted by k0nr4d (Post 23138087)
Namely, it's the investment into it with no guarentee of return. Litigating internationally is expensive and it's difficult to actually get the money even if you win.

I would be happy shooting the fuckers down. If we win the case everyone will follow a shortcut :thumbsup

k0nr4d 05-26-2023 12:43 AM

Quote:

Originally Posted by beavr (Post 23138101)
I would be happy shooting the fuckers down. If we win the case everyone will follow a shortcut :thumbsup

No, you will spend $50k to find out the domain is registered to an elderly alcoholic in rural Russia. You can't get blood from a stone. It's not like it's one site, either.

Klen 05-26-2023 01:01 AM

Wont be cheaper to send DMCA to upstream providers and search engines ?

RycEric 05-26-2023 11:20 AM

Quote:

Originally Posted by beavr (Post 23138101)
I would be happy shooting the fuckers down. If we win the case everyone will follow a shortcut :thumbsup

It's not as expensive as it's made out to be quite honestly.

beavr 05-27-2023 11:16 AM

Quote:

Originally Posted by RycEric (Post 23138241)
It's not as expensive as it's made out to be quite honestly.

Let's do it :thumbsup


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