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Fletch XXX 09-18-2002 11:41 AM

Hosted Galleries Content And TGPs
 
This is beginning to get my attention.

When one buys content lets say 120 pics from Matric for 65 bucks, you cant give it to your affiliates to use on tgp galleries and you are issued a number of domains you can put the content on, right so far?

Well whats the difference between giving your webmasters hosted galleries using the same 65 dollar bat5ch of content yet it remains on the same domain as the paysite, so the rule about giving the content to affiliates for use, due to the ruining of the content, is overlooked, again, right so far?

I see hosted galleries of content that I puchased and it makes me wonder, is there a difference between giving your affiliates content and giving them hosted galleries with the content?

I think its a loophole that should be adressed.

playa 09-18-2002 11:43 AM

well the content should go with the domain owner,,

sponser hosted galleries are no different than any other TGP gallery

Fletch XXX 09-18-2002 11:46 AM

Quote:

Originally posted by playa
well the content should go with the domain owner,,

sponser hosted galleries are no different than any other TGP gallery

Exactly the content is licensed to the Paysite owner as content but you cant even give an affiliate 10 pics to make his/her OWN gallery, yet one can easily set up hosted ones and get the same results...

Paying 35 bucks for a set of pics and setting up hosted galleries using those pics for webmaster affiliates seems to be a loophole that is basically ruining the value of the content no more than say giving it your webmasters to use, am I right?

So far it has been you have to have exclusive shoots to be able to whore it out.

quiet 09-18-2002 11:48 AM

interesting point. i agree.

http 09-18-2002 12:17 PM

"...This is beginning to get my attention. .."

No shit

So that wasn't you referring people to hosted galleries left and right untill just recently?

:1orglaugh


But seriously: Hosted galleries are for tgp owners. No tgp posts sponsor galleries of other webmasters.

Besides that, it's not different than paying for tgp slots to get more and guaranteed expsoure for your galleries, just that you pay with bandwidth instead of cash.

So... no, you are wrong,

and there ain't no loophole, and it is perfectly within any standard license agreement


"...yet one can easily set up hosted ones and get the same results... .."

What are you trying to get at here? Same results as in "earn money, too".

Puff puff pass




typos

Fletch XXX 09-18-2002 12:25 PM

Quote:

Originally posted by http
[B]"...This is beginning to get my attention. .."

So that wasn't you referring people to hosted galleries left and right untill just recently?

Not sure what you mean. There is nothing wrong with hosted galleries for sponsors who buy EXCLUSIVE content. I am certain I refer to sponsors who use hosted galleries, Lightspeed, SoulCash, etc all have EXCLUSIVE content. They can do what they wish.

Quote:


But seriously: Hosted galleries are for tgp owners. No tgp posts sponsor galleries of other webmasters.
This isnt about tgp owners, I am talking about any Joe Blow buying pics and setting up hosted galleries for people using non exclusive content. I wont spell it out for you.

Quote:


Besides that, it's not different than paying for tgp slots to get more and guaranteed expsoure for your galleries, just that you pay with bandwidth instead of cash.
Again youre talking about tgp bullshit. I am talking about the legalities of content use. Which you obviously dont know much about.

Quote:


So... no, you are wrong,

Nah, not today. You are wrong.

Quote:


and there ain't no loophole, and it is perfectly within any standard license agreement
Tell me the difference between giving 100 webmasters a link code to a 16 pic hosted gallery, and giving them 16 pics to use to make their own?

No loophole? Think again.

Quote:

"...yet one can easily set up hosted ones and get the same results... .."

What are you trying to get at here? Same results as in "earn money, too".
Same thing as the original post. This is about CONTENT RIGHTS AND USE, you seem to be the one making it about tgps.

Go make a gallery, you obviously dont even understand what the hell I am talking about, nor do I expect you to when reading this.

playa 09-18-2002 12:34 PM

well the real question is,,

does sponser hosted galleries effect content producers sales?

i think not,

Fletch XXX 09-18-2002 12:36 PM

Quote:

Originally posted by playa
well the real question is,,

does sponser hosted galleries effect content producers sales?

i think not,

"Tell me the difference between giving 100 webmasters a link code to a 16 pic hosted gallery, and giving them 16 pics to use to make their own?"

playa 09-18-2002 12:38 PM

Quote:

Originally posted by Fletch XXX


"Tell me the difference between giving 100 webmasters a link code to a 16 pic hosted gallery, and giving them 16 pics to use to make their own?"


ok,

then tell me the difference between me submitting the same gallery to 100 different TGP's

http 09-18-2002 12:38 PM

Again youre talking about tgp bullshit. I am talking about the legalities of content use. Which you obviously dont know much about.


What does anything in your thread title

"Hosted Galleries Content And TGPs "

be it "hosted galleries" or "TGPs"


have to do with tgp's?



Hmmmm lemme think....


:1orglaugh



"...Tell me the difference between giving 100 webmasters a link code to a 16 pic hosted gallery, and giving them 16 pics to use to make their own? ..."


In the first case they stay on the same domain, as per license agreement, while in the latter they get spread around across multiple domains, not belonging to the licence holder, therefore not within the license anymore...?


No?





Don't know why this makes you so upset





:thumbsup

quiet 09-18-2002 12:41 PM

Quote:

Originally posted by http

"...Tell me the difference between giving 100 webmasters a link code to a 16 pic hosted gallery, and giving them 16 pics to use to make their own? ..."

In the first case they stay on the same domain, as per license agreement, while in the latter they get spread around across multiple domains, not belonging to the licence holder, therefore not within the license anymore...?
hence, loophole.

Fletch XXX 09-18-2002 12:42 PM

Quote:

Originally posted by quiet


hence, loophole.

Exactly. Thanks quiet.

Fletch XXX 09-18-2002 12:45 PM

Quote:

Originally posted by playa

then tell me the difference between me submitting the same gallery to 100 different TGP's

One you are given rights to do.

The other you do so behind your content providers back.

I dare any person using a set of pics they bought for 35 bucks to email the content provider and let them know you are setting up hosted galleries for your affiliates.

hahahah

Where are the content providers at?

damn.

http 09-18-2002 12:48 PM

Quote:

Originally posted by quiet


hence, loophole.


I'll give you two the loophole, be it yours...

:1orglaugh


Point is, it is not against the license agreements, not even borderline. Not even against the purpose of the license agreement, which is to prevent people from re-selling/sharing/pass on/whatever the content to other webmasters.

But yeah, LOOPHOLE, someone alert the pope!


:thumbsup


A native english speaker take over for me here... I've got some galleries to build


oops

playa 09-18-2002 12:48 PM

so then is FPA and banners with purchased content a loop hole also?

quiet 09-18-2002 12:49 PM

Quote:

Originally posted by http

I'll give you two the loophole, be it yours...

:1orglaugh
wow, that's funny.

Fletch XXX 09-18-2002 12:50 PM

Quote:

Originally posted by playa
so then is FPA and banners with purchased content a loop hole also?
No, again, you are granted use for banners and FPAs.

At least all the licenses I have grant me that use.

http 09-18-2002 12:51 PM

Quote:

Originally posted by quiet


wow, that's funny.


see...

quiet 09-18-2002 12:55 PM

loophole:

A way of escaping a difficulty, especially an omission or ambiguity in the wording of a contract or law that provides a means of evading compliance.

Mr.Fiction 09-27-2002 05:14 PM

I'm bumping this thread.

Let's hear from some content providers. Charly and Unseen post on every other thread on the board, but on this content related issue, they have nothing to say?

Come on content guys, what is your take on this?

Honeyslut 09-27-2002 05:23 PM

Sometimes the content provider's license will let you allow your affiliate to use a certain amount of pics if it says " courtesy of content provider " on the url of the content..

Jayson 09-27-2002 05:30 PM

I havent read the whole thread, but here is my answer.

This came up when AaronM discovered dieselcash giving out sets as well as hosted galleries to webmasters that were just straight sets purchased off AaronM's site, reyko, myself and I dont know who else. (issue was fixed extremely quickly by the guys at dieselcash by the way)

That all got resolved, my advice was that my current license didnt prevent a site owner doing hosted galleries, I am now correcting that. I know reyko has as well. Not sure about AaronM.

Whilst technically you can say it is the same domain, it goes against the spirit of the agreement, and the price of the content to be having 1000 affiliates submitting galleries with the same content on your behalf.

On the other hand, you could argue they are just paid submitters, just being paid commission rather than a set fee per gallery or something.

You are not going to get quite the same saturation with a hosted gallery as you will giving the actual sets out as there is less chance of the galleries getting listed, although a lot of TGP owners will use them themselves these days. Its still enough to ruin a set though.

So my license is getting changed and I am sure as hosted galleries become more and more prevelant most other content providers will follow suit.

Essentially if someone does this, it trashes a set. Its amazing how few sales it takes before the pics become quite used.

pimpdog3 09-27-2002 05:41 PM

I have been wondering the same thing as fletch posted.. Since we are not live yet.. it hasent been a priority.. but it makes me wonder...

Can I or Can i NOT give my affiliates the content that i have purchased to promote the domains that are licensed in the contract with the content provider. I work with about 6 content providers and I want to offer free content to my affiliates for my program.. I can see a lawsuit in the near future if this issue isnt cleared up and i dont do more homework.

(im speaking of me hosting the galleries btw)


FUCK.

Cirrus 09-27-2002 05:59 PM

We don't allow it

Jayson 09-27-2002 06:04 PM

Quote:

Originally posted by pimpdog3
I have been wondering the same thing as fletch posted.. Since we are not live yet.. it hasent been a priority.. but it makes me wonder...

Can I or Can i NOT give my affiliates the content that i have purchased to promote the domains that are licensed in the contract with the content provider. I work with about 6 content providers and I want to offer free content to my affiliates for my program.. I can see a lawsuit in the near future if this issue isnt cleared up and i dont do more homework.

(im speaking of me hosting the galleries btw)


FUCK.

It will depend on the content provider, I dont allow it. I dont know of any content providers that do allow it if you were to give affiliates the actual sets to make the galleries.

Legally speaking - most licenses I have seen from content providers will allow this - although that is a loophole rather than intent I am sure. Why would a content provider shoot a set at a cost of several hundred $$$ and then sell it for $35 for it to become totally useless.

Jayson

Fletch XXX 09-27-2002 06:08 PM

Quote:

Originally posted by Jayson

<font color="yellow">Why would a content provider shoot a set at a cost of several hundred $$$ and then sell it for $35 for it to become totally useless.

</font>

The main argument.

pimpdog3 09-27-2002 06:10 PM

nah i totally agree with you, I was always curious about how alot of programs can offer free content that wasnt exclusive to them...
now i know :) i guess it just saves me alot of money and will make the affiliate use their own content, or buy their own..

this is actually a relief.

.:Frog:. 09-27-2002 06:32 PM

The pics remain on one 1 domain.
There is no violation of the lisence agreement. Hosted Galleries can be used on TGPS or free sites. They benefit everyone.
I don't understand why a designer such as yourself would give a rats ass how Matrix content is selling their content sets.
:eek7

gothweb 09-27-2002 06:44 PM

I hate it when people make me think at almost 3 am.

Basically, I think we should close up our licenses.

.:Frog:. 09-27-2002 06:50 PM

NewsFlash for you content providers, you can state that the content is NOT to be used on TGP galleries.
End of fucking problem, next time you work your ass off to click a camera button a few times, remember to sell some sets for TGP use and some not to be used for tgps. Use your fucking brain for a few seconds and find the solution. This is so basic you could present this problem to a child and they could solve it.

Write up your lisence better on certain content sets.

http 09-27-2002 06:57 PM

I cannot see a valid differentiation of "tgp galleries alowed" and "hosted galleries not allowed" that would hold up in court.

Because it is, in many cases, 100% the same.

For those who keep telling about "giving away content" to other webmasters, can you please stick to the issue at hand so that we maybe get to some sort of conclusion. Giving away content has nothing to do with the issue here.

I can certainly understand that some like to keep confusing the two as if they were basically the same but they just aren't.


Back to "tgp galleries" vs. "hosted galleries"

Whether I as a webmaster pay the tgp owner money, am friends with him, or share my sales with him, to the effect that I - possibly - get listings at more tgp's than I would have gotten as a "regular" tgp submitter, is not the business of the content provider and nothing that he could prevent via license agreement.

You either allow or dissallow tgp use.

It would be different if you said something to the effect of " not more than 30 tgp's" or something that is clear like that. But caring about my inner business and relations with tgp owners really isn't yours, sorry...

There is really a easy solution to this if you want to keep your content less-used, semi-exclusive, etc...

Do not allow tgp usage.

I perfectly understand what you reyko, and ix-content, are worried about. But in my opinion you didn't think about the whole issue thoroughly enough.

I am not trying to be a smartass, but don't be one yourself either. Just saying "hosted galleries aren't allowed", while at the same time you want to allow tgp posting to get those webmaster sales, won't do the cut, really.

Let's try to get this going without name calling left and right, it could get interesting without it too

I am not saying that you have no right to deal with the hosted galleries issue, or that it is not legally possible, but I think you are doing it the wrong way as you are trying it to do now. (I looked into both agreements, reyko and ix-content.)

I also think that you are wrong to assume that this costs you business

Have a look at the site in my sig and tell me if I couldn't use your content for it under your new licenses. I don't think so. Unless you do not allow tgp posting at all.



Note how I am doing nothing different than any tgp poster out there with the ONLY difference that I share my sales with the tgp webmasters.

I you want to tell me that this is not allowed than please stick to the issue "sharing sales with webmasters etc..." to not further confuse this

I certainly saw this at ix-contents site

---
21. Licensee may not rent, sell, lease, license or sub license, transfer, reprise display, distribute, nor trade the Licensed Content in any way whatsoever including but not limited to offering free use of the Licensed Material in return for traffic, commissions, revenue or similar compensation arrangement. Licensee may not knowingly allow other websites to use the Licensed Content.
--

but one could argue that "use ... in return for traffic.." is exactly what makes tgp posting. One uses content to get traffic...

Jayson 09-27-2002 07:05 PM

Our license on the site is not the new one - we have been waiting for lawyers to clarify it.

And you are right - it is up to us as content providers to do something about it and we are - we havent shot a new set for the site and general sale since May and we probably wont for a while yet.

It is basically not worth it, the sets get overused too quickly and there is too much price competition.

I basically have to sell a set 15 times before I get back what I charge for exclusive work.

We have just introduced a semi exclusive program, which is only allowing 5 sales of each set at a fairly economical price compared to both our non exclusive and our exclusive sets. The license on the semi exclusive sets is fairly restrictive so it is fair for everyone who uses them.

Its amazing what TGP posting does though, I have models being discovered a lot more regularly than ever before, and often by large numbers of people and in every instance I know of it has come from TGP galleries.

http 09-27-2002 07:09 PM

Quote:

Originally posted by playa
well the real question is,,

does sponser hosted galleries effect content producers sales?

i think not,


My thoughts exactly.

Actually more business for them

Oldy 09-27-2002 08:38 PM

I also agree with you. It is a value addition.

playa 09-28-2002 01:16 AM

The difference between

1. hosted galleries for Affiliates for their own TGP

and

2. someone making a gallery then submits that same gallery to 1000 different TGP's


is there any difference really?
i think not,

will it hurt content sales?
i think not,

Lets face it the majority of people buying content are Paysite owners anyways and not the TGP owners,, most TGP owners never buy content because of all the free submitted galleries,


no offense to the content providers but you really need to think outside of the box if you think that hosted galleries are a problem

Mr.Fiction 09-28-2002 01:28 AM

I think it could possibly hurt content sales. Who would buy anything from, for example, Matrix Content, if ARS had all the Matrix content available in hosted TGP galleries?

Maybe I'm wrong, but it seems like it has at least two chances to hurt sales:

1. The TGP submitter who won't buy it because it's already available to him free in a hosted gallery.

2. The TGP submitter or free or paysite person who knows the content is played out so it won't be accepted at TGP's and his members will already have seen it 10,000 times (without the content broker being paid 10,000 times.)

Doesn't that seem possible?

Beyond that, think of the value that ARS would be getting out of that content, compared to the price they are paying. If I was a content broker, I would look at the value versus the price and adjust the price/license accordingly. There is always the chance that someone else will undercut you, but then your content becomes more valuable than that other content because it is less circulated.

It's like the people that only sell content to paysites not free sites. They can charge more, and/or appeal to a certain buyer, because their shit is more exclusive and not posted on every TGP in the world 100 times.

Jayson 09-28-2002 01:38 AM

Hosted galleries will definatley hurt. TGP owners arent going to accept content they could just as easily put there own links in for and get a sale off a hosted gallery.

And any smart content purchaser knows which content is overused or not, so there is know way they are buying it if they have seen it in a hosted gallery.


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