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-   -   METArt - where to contribute your legal fund? (https://gfy.com/showthread.php?t=1173065)

j3rkules 09-01-2015 04:35 AM

Quote:

Originally Posted by Far-L (Post 20566712)
The lawsuit regards the sponsor content that Mindgeek put in a member's section, free of sponsor ads, and started to charge for without permission and in many cases were told specifically NOT to do.

A bunch of companies are pretty upset about it, us included. I know other companies are also planning on taking action.

Ironic isn't it, that the companies that supported them over the years are the ones getting fucked over and will now be the ones that actually take the legal actions everyone has begged for all these years; cue the Mike South "I told you so" he has waited years to tell me.

:upsidedow

Go ahead, guess I have it coming...

:thumbsup

xXXtesy10 09-01-2015 06:56 AM

Quote:

Originally Posted by Far-L (Post 20566712)
The lawsuit regards the sponsor content that Mindgeek put in a member's section, free of sponsor ads, and started to charge for without permission and in many cases were told specifically NOT to do.

A bunch of companies are pretty upset about it, us included. I know other companies are also planning on taking action.

Ironic isn't it, that the companies that supported them over the years are the ones getting fucked over and will now be the ones that actually take the legal actions everyone has begged for all these years; cue the Mike South "I told you so" he has waited years to tell me.

:upsidedow

Go ahead, guess I have it coming...

they have done shit before though. remember they have tube inside brazzer paysite many years ago. fuck over everyone.

celandina 09-01-2015 07:24 AM

Quote:

Originally Posted by The Porn Nerd (Post 20566380)
So:

1. How many of those lawsuits mentioned in the XBiz article has Met-Art won?
2. How much $$$ has Met-Art made off these lawsuits?
3. Does Met-Art now make more $ filing lawsuits then it does selling monthly porn memberships?

Inquiring minds and all that. :)

I have the same question(s).....:2 cents:

Cyber Fucker 09-01-2015 08:05 AM

I think met art has enough money to take care of such stuff on their own.

Far-L 09-01-2015 08:45 AM

Quote:

Originally Posted by Cyber Fucker (Post 20567024)
I think met art has enough money to take care of such stuff on their own.

They also have the power and the choice to settle it out and let everyone deal with it on their own. Everyone might be cheering MetArt's actions but keep in mind that MetArt is doing what is good for MetArt, and they aren't acting out of some sort of industry-wide altruism.

That isn't a slight against them. That is just business and since no one else is paying for all those filings you can't blame them at all for acting in self interest of the company.

Putting together a group and dealing with it is certainly an option, but talking it out and dealing with it b2b and resolving it without throwing money at an army of $500 hr attorneys is another option too.

Phoenix 09-01-2015 09:09 AM

providing legal tube content for their premium member areas...take a guess how many tubes we have as customers......

woj 09-01-2015 10:16 AM

Quote:

Originally Posted by Far-L (Post 20567060)
They also have the power and the choice to settle it out and let everyone deal with it on their own. Everyone might be cheering MetArt's actions but keep in mind that MetArt is doing what is good for MetArt, and they aren't acting out of some sort of industry-wide altruism.

99% chance that is exactly how it will play out... neither MetArt nor MG are idiots, neither of them want to spend big bucks on a legal battle that will likely drag out for years... so they will reach some deal, and few months from now the whole suit will be forgotten... :2 cents:

Magnetron 09-01-2015 01:06 PM

Quote:

Originally Posted by woj (Post 20567134)
99% chance that is exactly how it will play out... neither MetArt nor MG are idiots, neither of them want to spend big bucks on a legal battle that will likely drag out for years... so they will reach some deal, and few months from now the whole suit will be forgotten... :2 cents:

Except MindGeek can afford to provide their own content, which qualifies them as idiots.

And the only reason they have the financial capacity to settle out of court is because of the untold number of idiots in this industry helping line the pockets of MG in one way or another.

mikesouth 09-01-2015 01:12 PM

Quote:

Originally Posted by Far-L (Post 20566712)
The lawsuit regards the sponsor content that Mindgeek put in a member's section, free of sponsor ads, and started to charge for without permission and in many cases were told specifically NOT to do.

A bunch of companies are pretty upset about it, us included. I know other companies are also planning on taking action.

Ironic isn't it, that the companies that supported them over the years are the ones getting fucked over and will now be the ones that actually take the legal actions everyone has begged for all these years; cue the Mike South "I told you so" he has waited years to tell me.

:upsidedow

Go ahead, guess I have it coming...

i told you so aint ncessary yer an old hillbilly like me albeit an over educated one LOL...yer familiar with saying "you lay down with dogs, don't be surprised when you wake up with fleas" No?

I hope you and everyone else sues because believe me when I tell you MindGeek does NOT want their books interrogated, they do NOT want some forensic accountant looking at all their shell corps and making connections to people on ...say the Kingpin list....

Its been a long time coming but its coming....

dyna mo 09-01-2015 01:32 PM

Why would their financials be open to discovery in a case like this?

Opt!musPr!me 09-01-2015 01:33 PM

50 legal funds

Magnetron 09-01-2015 02:10 PM

Quote:

Originally Posted by dyna mo (Post 20567338)
Why would their financials be open to discovery in a case like this?

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

dyna mo 09-01-2015 02:21 PM

Quote:

Originally Posted by Magnetron (Post 20567404)
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?

Magnetron 09-01-2015 03:57 PM

Quote:

Originally Posted by dyna mo (Post 20567413)
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.

Mickey_ 09-01-2015 04:46 PM

Best of luck to both parties reaching an amicable resolution.

Ruseful 09-01-2015 05:17 PM

Quote:

Originally Posted by Far-L (Post 20566712)
The lawsuit regards the sponsor content that Mindgeek put in a member's section, free of sponsor ads, and started to charge for without permission and in many cases were told specifically NOT to do.

A bunch of companies are pretty upset about it, us included. I know other companies are also planning on taking action.

Ironic isn't it, that the companies that supported them over the years are the ones getting fucked over and will now be the ones that actually take the legal actions everyone has begged for all these years; cue the Mike South "I told you so" he has waited years to tell me.

:upsidedow

Go ahead, guess I have it coming...

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.

The Porn Nerd 09-01-2015 07:43 PM

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.

xXXtesy10 09-01-2015 08:02 PM

Quote:

Originally Posted by Mickey_ (Post 20567549)
Best of luck to both parties reaching an amicable resolution.

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

EliteWebmaster 09-01-2015 08:17 PM

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.

Ruseful 09-01-2015 08:26 PM

Quote:

Originally Posted by EliteWebmaster (Post 20567716)
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.

Ruseful 09-01-2015 08:33 PM

Quote:

Originally Posted by The Porn Nerd (Post 20567702)
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.

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.

JuicyBunny 09-01-2015 08:49 PM

Quote:

Originally Posted by Far-L (Post 20567060)
They also have the power and the choice to settle it out and let everyone deal with it on their own. Everyone might be cheering MetArt's actions but keep in mind that MetArt is doing what is good for MetArt, and they aren't acting out of some sort of industry-wide altruism.

That isn't a slight against them. That is just business and since no one else is paying for all those filings you can't blame them at all for acting in self interest of the company.

Putting together a group and dealing with it is certainly an option, but talking it out and dealing with it b2b and resolving it without throwing money at an army of $500 hr attorneys is another option too.

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.

EliteWebmaster 09-01-2015 08:54 PM

Quote:

Originally Posted by Ruseful (Post 20567720)
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.

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.

Far-L 09-01-2015 11:27 PM

Quote:

Originally Posted by JuicyBunny (Post 20567728)
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.

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?

MetaformX 09-02-2015 01:11 AM

Quote:

Originally Posted by Ruseful (Post 20567583)
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.

MG's toyboy to the rescue!!!!

:thumbsup

Ruseful 09-02-2015 02:47 AM

Quote:

Originally Posted by EliteWebmaster (Post 20567732)
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.

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.

Ruseful 09-02-2015 02:51 AM

Quote:

Originally Posted by MetaformX (Post 20567823)
MG's toyboy to the rescue!!!!

:thumbsup

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.

Mickey_ 09-02-2015 02:57 AM

Quote:

Originally Posted by xXXtesy10 (Post 20567712)
:1orglaugh best of lube for manwin legal team. hope they have lots.

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:

Magnetron 09-02-2015 04:03 AM

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

Paul Markham 09-02-2015 08:05 AM

Quote:

Originally Posted by Far-L (Post 20567060)
They also have the power and the choice to settle it out and let everyone deal with it on their own. Everyone might be cheering MetArt's actions but keep in mind that MetArt is doing what is good for MetArt, and they aren't acting out of some sort of industry-wide altruism.

That isn't a slight against them. That is just business and since no one else is paying for all those filings you can't blame them at all for acting in self interest of the company.

Putting together a group and dealing with it is certainly an option, but talking it out and dealing with it b2b and resolving it without throwing money at an army of $500 hr attorneys is another option too.

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.

Paul Markham 09-02-2015 08:19 AM

Quote:

Originally Posted by Ruseful (Post 20567720)
There are no pirated full length videos in there.

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.

AdultKing 09-02-2015 08:39 AM

Lawsuits keep lawyers in business. :2 cents:

Magnetron 09-02-2015 10:06 AM

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

The Porn Nerd 09-02-2015 01:03 PM

Quote:

Originally Posted by Ruseful (Post 20567869)
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.

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).

Ruseful 09-02-2015 04:54 PM

Quote:

Originally Posted by Magnetron (Post 20568219)
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

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.

lezinterracial 09-02-2015 05:35 PM

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.

JuicyBunny 09-02-2015 11:16 PM

Quote:

Originally Posted by Far-L (Post 20567776)
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?

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.

JuicyBunny 09-02-2015 11:18 PM

Quote:

Originally Posted by Ruseful (Post 20568802)
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.

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.

MetaformX 09-03-2015 01:52 AM

Quote:

Originally Posted by Ruseful (Post 20568802)
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.

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

Magnetron 09-03-2015 03:29 AM

Quote:

Originally Posted by Ruseful (Post 20568802)
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.

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.


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