50 legal funds

To determine what percentage of their overall profits was ill gotten and should be awarded to the plaintiff.

i read earlier in the thread it's 150k fine per clip, regardless of profit or loss?

If only a major case such as this would be that cut and dry.

Best of luck to both parties reaching an amicable resolution.

Hey Far-L, I posted this on another board but it applies to your comment here too. It was in response to Colin-wasteland saying his tube submitted content was in PornHub Premium too:
I have around 40 full
scenes from each of my sites in PornHub Premium. As Colin states, PHP has all of my tube edited videos too.


So what is PHP? Why would a member pay the monthly fee?


>No 3rd party banners - only banners directing users to the paysite of the video they are watching


>faster streaming - giving a better user experience.


why would a studio want their TUBE EDITED content in PHP?


>only your banners are shown next to your content - trust me, this is golden real estate. They already have your permission to use the videos you have uploaded via their content partner program but why would you NOT want this in PHP?


why would a studio want to give full scenes to PHP?


>again, only your banners are shown next to these videos


>PHP will allocate a % of its gross subscription revenue and payout the studios that are uploading exclusive content on a view share model based on views. So for example if my FakeTaxi scenes have 25% of views from the exclusive pool, I will receive 25% of the portion allocated to the view share model.


in 2010, we did a poll on YouPorn, asking the users if they would be willing to pay for an ad free version of YouPorn, ie YouPorn premium. We had the poll up for 24 hours. The response was incredible, and the average price users were willing to pay was $5 usd. We never tried to implement this because of the content partners and the sheer amount of time and energy we would have had to spend on trying to explain that this was a good move for them. We would have tried to implement the view share model as PHP are doing. We referred to it as the satellite payment/distribution model. I started building Cloud.xxx and tube.xxx because of the YouPorn premium service. Cloud.xxx was a tool to studios for tube clip distribution, encoding, watermarking etc. I needed to build this so I could aggregate tube clips ready for tube.xxx. You pretty much have what I wanted to build in PornHub premium already. That's why I am a big supporter.

I believe my clips are in PHP also (the tube edited ones) and I'm going to setup a meeting in Amsterdam to discuss giving them exclusive videos. Why would I do this? For many of the reasons JT outlined.

As far as the lawsuit(s) go I have no idea as to their merit, the details or the possible outcomes. But I'm not convinced Met-Art's strategy of lawsuits helps anyone but Met-Art mitigate their dwindling paysite sales.

This reminds me of when the RIAA sued illegal downloaders for so much per song. They won a few cases but this strategy could not (and did not) slow the inevitable death of the music Industry. (Not an exact analogy as Met-Art is not suing 'user uploaders'.)

The bigger questions may be: does this action by Met-Art make Mind Geek stop promoting any and all Met-Art scenes? Ban them from their Content Partner Programs, etc? But maybe that's not an issue for them at this point.

:1orglaugh best of lube for manwin legal team. hope they have lots.

PHP was a can of worms and a poor business decision if you ask me. I'm not a tube guru but I have enough knowledge that I could see a shit storm coming their way the minute they announced the proposed launch of PHP. You don't launch a seperate entity site like PHP unless you wanted to entice existing PH customers to sign up for PHP. Why would PH customers/surfers sign up for PHP unless you can offer them something better? (ie full scenes). Increased speed/no ads are small tidbits that surfers have come to get used to PH so that's not much of an enticement but "full scenes" would be enough of a reason to join it. And if they didn't go through proper channels to get those full scenes, you knew at some point or another, a company like META would come by peeved off salivating at the mouth that their content was used illegitimately.

PHP is not a separate entity. Separate domain, but for all intents and purposes, once logged in, the site feels very familiar to the standard tube.

You make it sound like PHP have everyone's full scenes in PHP already without permission. The only content they have in there by default, is the tube videos already submitted by the studio through the PH content partner program. The only way PHP gets full length videos is from the studios directly. There are no pirated full length videos in there.

I believe you have hit the nail on the head right there. They have run out of ideas on how to drive sales, so now they are driving law suits. Exact type of thing happened to another pretty prolific site of 2-3 years ago, main revenue now comes from John Doe copyright infringement claims settled out of court.

Took you less than 12 hours to join the gutless ranks in this thread. :1orglaugh:1orglaugh
#ManWinning

Sorry, let the rationalizing continue. Some people in this industry are just pathetic.

By seperate entity, it's not running off a subdomain which could have been done on their PH site. It's running on a completely different site, even if it retains the same "feel" of their PH site.

I didn't state they have everyone's full scenes in PHP, I just said that it opens a can of worms because realistically speaking, full length (non sponsored) movies are already on PH, it's naive to think non sponsored videos will not creep in at some point.

What I said is a simple statement of fact. It is neither an endorsement nor a criticism; therefore your pissy little whining slight on me is just misplaced and unnecessary.

I know you would like companies like Metart or whomever to pay to fight your fights for you but that is just not the way it works.

Were you even around in the Acacia days?

MG's toyboy to the rescue!!!!

:thumbsup

So they are taking this crap on the assumption that they will have non sponsored videos in there? For me, I don't actually care if any other studio signs up to this. I have 100's of full length scenes in PHP which means that I will be getting the lions share of the $ % that they distribute via the view share. You only need a very small % of their daily 25m + visitors to sign up to realise this is a gold mine for the studios, especially those in first.

90% of my revenue is derived from the tubes, especially MG, so when I see a platform released by one of them that will make me $$$$, I'm a supporter.

I don't know if you've ever dealt with lawsuits, but it's almost never a simple, straightforward, one-sided story even if you're 100% in the right. I'd venture to guess the majority on GFY have the wrong idea about lawsuits. It's an immense amount of stress/energy drain, distraction (from business and life) and expensive, therefore an amicable resolution should be a goal, unless the intent is to set a precedent. :2 cents:

Oh, if only a butt load of sales right now justified any and all methods to acquire them.

Once the motion is settled, it only takes a word for the next company to sue, then the next.

Settling with a no disclosure agreement, is expensive and no safeguard.

As for them doing the dirty on companies that they worked with, shows how desperate they are and their lack of ethics.

Then this is down to the license Met-Art agreed to. Does it state videos can be placed in PHP or any MG owned site. Or were DMCAs issued and not acted on?

http://corporategiftempire.co.za/wp-...s-space-16.png

I can confirm what Mickey_ posted. They're a mindfuck.

Lawsuits keep lawyers in business. :2 cents:

So ......

Joe Blow Webmaster can embed all these free videos onto Site A littered with ads.

Then he can charge his visitors a fee to access an ad free version hosted on Site B.

This is all OK provided non-affiliate coded banners are installed routing traffic to the sponsors.

Because it can all be rationalized as greater exposure and thus more sales for those sponsors.

And Mindgeek eats the bandwidth.

:thumbsup

Well said, and this is also my position on tubes (and not just MG ones; this goes for Xvideos, Xhamster and a host of others as well).

It's my understanding that all banners around the full length "view share" videos that the studio supplies are non rev share banners, so the studio receives 100% of the revenue from PHP members that click to join your own site.

Back in the day, Many sites did try to sue the big tubes. The tubes responded by saying they weren't in the US. Now the tube sites have the best lawyers.

I don't think much else can be done.

You're still MG's bitch. Its not a matter of somebody fighting our fight. I fight them and beat them every day. You'd rather work with content rapists than grow a sack. I guess Homegrown couldn't afford a fight even if it wanted to.

Have been around a long time.

Keywords in bold.

Like I have said, its a great business model if participants are in on the deal. I've been a member of Netflix since 2009. No plans to leave.

what about the full length stolen videos they have up there though?

Methinks you totally missed what was said in said post of mine you quoted.

So ........ Let's try a direct question instead.

Is it written into the terms of submitting content to PH that studios are also agreeing to have their content redistributed on alternative domains such PHP?

A simple Yes or No will suffice.

Because if it is Yes, Met-Art has no case. They can't sue MG for something they'agreed to, unless the terms are vague and there was no meeting of the minds.

If it is No and MG wants to be bastards about it - then everyone should have the right to embed all PH videos, ride for free on MG's bandwidth and charge surfers $5.95 monthly for ad free access to them.

Although in exchange for ad free access, I would ask surfers to make a $1 donation to a local pet shelter.

Or Met's legal offense fund.

After I modified the embed code to prevent surfers from clicking thru to PH.

They would only be able to click thru to the studios.

Playing devil's advocate here, what would stop someone who hates MG with a passion (and there are a few of you guys :1orglaugh:1orglaugh) to setup a tube site with full length twisty/digitalplayground/realitykings/wicked/brazzers/etc.. videos and host it at a server offshore who don't give a shit about DMCAs. Turn the tables so to speak. Again, I'm not saying it should be done as I don't condone piracy but with that much hate against them, I'm surprised no one with resources and determination hasn't tried it already.

Mrtesy is on his way.

:thumbsup

like own bank and always get robbed so go rob bank too? wow man, but you probably just give John Deiz and Signbucks good idea.

Strange. As I understand it for a long time Metart was famous for working closely with the tubes. You mean to tell me things aren't better than ever for them after doing so for years? Frankly I am shocked. I would have expected them to be billionaires by now. Perhaps they simply failed to share enough full videos from their member's area? Or maybe they lack that "magical content" (think magical join pages) where somehow it makes it all work out (even when it defies common sense and hundreds of years of basic business knowledge) by giving more and more out for free? They should hit up JT for some tips on how to get that magical content. :upsidedow

There's a difference between hate and tough love.

Personally, I could care less about the outcome of this suit is.

It's definitely a more interesting topic than a couple of GFY boneheads daring to meet up on a street corner and duke it out ... or hookup ......

I've never agreed with every decision Met-Art has made. They've been giving away more and more of their product every year now for the last decade. No one twisted their arms into submitting content to MG.

Dollar Signs always manage to trump Common Cents in this industry.

The reason I have resisted growing into a larger company with offices, US employees, etc is because of what I think is happening at Met-Art (and perhaps a dozen other companies). They grew during the good times but now have a massive monthly/weekly nut that is squeezing their margins as their revenue shrinks. But what do you do when you have an office, employees, insurance, etc? All of which MUST be paid or you are out of business?

So, in the end, while it is trickier and perhaps more personally exhausting, I am ecstatic I do not have to worry about such issues and can focus on profits. But for those companies trying to survive (forget about growing) the clock is ticking. Thus, we get lawsuits and other acts of desperation.

Where this info comes from? I was at met-art from 2005 to 2010 (I ran their cams) and I do not remember them working with anyone else than ccbill affiliates tgp's etc. until them, also they was mostly photos anyway.

Well here is gabe100 in 2012 telling me that I am wrong and that he thought Metart was "killing it" because of tubes:

https://gfy.com/18873936-post49.html

Haha, like I said before, not advocating piracy here but some guys have a dislike (maybe not hate) but a strong dislike for MG, so using your analogy it wouldn't be "like owning your own bank and always getting robbed, so go rob a bank too", it would be more like go rob the people who robbed you :1orglaugh:1orglaugh :winkwink:

Sorry, I wasn't implying you specifically hate MG, it was more generalization about MG dislike in general by some guys :winkwink:

I have no dog in the fight between MG and Meta lawsuit. I think this will drag out until one gives up or reach a settlement, there will be no victory for the industry either way. Just like I agree with the comment earlier someone made that Meta is not doing this as a Champion to the industry to right the wrongs or perceived wrongs that MG did, but rather they are doing it for themselves.

And if the comments about Meta signing off to work with MG, then it's more their own fault for getting in bed with a rapist and foolishly not expecting the rapist to eventually rape them. :upsidedow

An apt description.

The lawsuit somewheres about page 9 and 10 alleges that Pornhub failed to respond to DMCAs and take down videos Met-Art did not submit. Instead Pornhub supposedly tried to convince Met to make these monkey uploads official. Met declined. Pornhub continued streaming these and began streaming them on the PHP domain as well.

If this is the case, shouldn't they be suing for twice as much?

What are you even talking about?

You apparently have zero clue about what we do. You have less of a clue about what we do or don't do with tubes these days. And you are completely ignorant of what we make or don't make in revenue so why would you be so willing to slam me for stuff that you have absolutely no idea about?

What is your point? Why so bitter that you would trade common sense for a few idiotic vitriolic posts that just make you look stupid in your outright ignorance?

"You fight them and beat them every day" What does that mean? Sounds like a bunch of posturing from someone whose industry-wide relevance is about as significant as the next ubiquitous clip posted to a tube site.

Talk to me when you have won a 7 year legal battle that benefited the entire industry, or lobbied to prevent a "sin tax" on adult, or something, anything that helped out the business in any way besides your pithy tirades on GFY and grandstanding like you actually have dealt with a real issue affecting the industry and made a difference.

http://m.xbiz.com/news_piece.php?id=198610 I think this answers your question :)

Who has 1:300 ratios these days? Maybe some niche sites but it's more in the 1:500-1:1500 range. So those numbers are inflated (especially in 2015).

That's quite a bucket load of denial.

I just don't know who to believe:

the company that has no reputation of filing frivolous lawsuits and has legitimately acquired numerous other competitors

-or-

the company that does have a reputation of streaming videos without content owners' permission.

Hmmmm ..........

....... this drama calls for popcorn.

here is settlement guy.. waiting :winkwink:

http://internetbusinessmastermind.co...r-salesman.jpg

Catherine Dunn can drain my cum filled balls any day of week. i want to eat she asshole and spit face while fucking backside:winkwink: