GoFuckYourself.com - Adult Webmaster Forum

GoFuckYourself.com - Adult Webmaster Forum (https://gfy.com/index.php)
-   Fucking Around & Business Discussion (https://gfy.com/forumdisplay.php?f=26)
-   -   Anyone else got DMCAd the fuck out of by myfreecams.com ? (https://gfy.com/showthread.php?t=1331067)

celandina 07-25-2020 08:10 AM

Quote:

Originally Posted by RazorSharpe (Post 22707639)
If after 15 years you don't understand that difference between a DMCA and a contractual issue, then I'm not sure anyone can really help you.

I do understand it very well, I also understand the term " work for hire" which is a subject to most contractual agreements. NOBODY hired the particular girl and therefore she just conveyed a temp. license to the cam company. No different then somebody renting or leasing a car, a boat or any other asset. And yes a porn content is deemed an asset. She is always owner of it and the copyright is automatically assigned to her by way of her creating the content. I am dealing with licenses, copyrights, contractual undertakings in a film business mainstream and adult for 30 years.

1. NOBODY pays her? As I have mentioned above, she is not a subject of work for hire rules since NOBODY paid her to preform and nobody even gave her any MG ( minimum guarantee) which upon a full payment could be considered a work for hire, but ONLY if so stated in the agreement.

2. I thought NOBODY pays her. But now she's getting a cut. Getting a percentage ( or commission) from sales does NOT constitute giving up an ownership. It certainly cannot be considered as a compensation for her work. It is a royalty for the use of her content.

3. There's a reason why one needs to be an adult to make adult decisions. It's 2020 and everyone knows that once stuff is on the internet, it's hard to get it off the internet. Having said that, if they asked legitimate affiliates to take down their content, I'm sure they would be accommodated. I can't speak for people who use content outside of the affiliate agreement/contract.Yes, it is 2020, but stolen or illegal content remains stolen and illegal regardless what any affiliate may claim. The affiliate has rights ONLY as so far as the cam company has granted to him. Under NO circumstances can a cam company grant a copyright to anyone, because they do not own the content and have no right to grant such rights. Anyone who claims otherwise is either stupid or a thief.

4. Again, you are speaking about people using content outside of the sponsor/affiliate agreement as if they are one and the same as legitimate affiliates. And "smear this girl all over the internet"? You do realise that he/she chose to be a cam model. No one pointed a gun at her head and forced her to do it. Re-read 3 NO need to re read anything. Slavery was outlawed a long time ago. To state that because the girl ONCE participated in creating an adult content which was NOT a subject of work for hire, that forever she should be a subject to further exploitation ? That analogy is say the least ridiculous. From my own experience we had over the years 2 models asking if we can remove thier content from our site. They BOTH were subject of work for hire and therefore they did NOT own the results of their labor. We do. There the case ended.

Just because a site receives a DMCA does not mean they are using content illegally. On the contrary, lodging false DMCA ckaims seems to be the new cottage industry. As I have said above and now I am quoting myself :" Likely a bunch of former thieves who found a better gig. That being chasing other thieves,..." Here I tend to agree with you. On the other hand MOST tubes and tube like set ups and their affiliates basically live off recycling old and stolen content, so getting their knuckles wrapped once a while is not to bad for us content owners.

My explanation is within your comments

celandina 07-25-2020 08:22 AM

Quote:

Originally Posted by RazorSharpe (Post 22707641)
Fucking hell you have some boulder sized chip on your shoulder. Post some of your urls so we can bow down in supplication to what will surely be a masterclass in public servitude.

Sorry, I have NO boulder ( not even a chip :1orglaugh) on my shoulder, but I have other burden. That being spending 1000's of dollars /year on legal affairs and DMCA issuance. We are fighting it daily. Frankly, I am tired of it since it is almost a loosing battle in 2020, where the attitude is that everything on the Internet is free and "free for me" to make money from.

... and guess what, I ONLY have ONE URL and it has NOT changed in 15 years. My URL has ONLY my content on it. It is a VOD site. I do NOT own a mainstream site but own a library of my mainstream movies dating back to the 90ties. There also I have people chasing the BIGGEST thieves: Those being Amazon and E Bay. We even had to chase my adult stuff edited down from both of these outfits. So go figure.

Some folks here know what my site is, BUT I am not going to publish it for now.

RyuLion 07-25-2020 06:43 PM

Quote:

Originally Posted by trevesty (Post 22707660)

DMCA Force doesn't really have that many clients, tbh.

How do you know this info? Do you have access to their books? Come on man! :1orglaugh :)

How have you been?

shake 07-25-2020 06:55 PM

That's one way to take care of the competition... I used to get a ton of dmca from hairy Potter rights holders for my hairy content... Not very smart bots

pm2000 07-25-2020 07:28 PM

crazynes

drexl 07-29-2020 01:06 AM

Quote:

Originally Posted by seriouslee (Post 22707837)
These dmca services will use some crawling bots to search for content. I'd ask them to take your site off their crawlers if your content is legit and is coming from sponsors.

Agreed. I would also note that crawling websites without their explicit consent might be an issue on several levels. Legitimate crawlers have a user agent and respect the robots.txt rules.

Quote:

Originally Posted by DarkJedi (Post 22707861)
Auto-submitting 3 million reports in one day is moronic. They can't possibly all be pirates.

Can they really auto-submit? I didn't see an API (but I didn't look too hard).
Using bots for detection is one thing but automation of submission seems unreasonable.


I just read this:
Quote:

There are the automatic bots that crawl for content and get it wrong many time.
Quote:

...scammers can fire off these notices at will and rely on a small percentage of pushback being received. Whatever the intent behind this system, it's clear at this point that there are multiple avenues for abuse. That makes it high time that we revisit all of this and see if there is a better way.
Source: What A Shock: Scammers Are Abusing Takedown System With DMCA Claims

Mr.Fiction 07-29-2020 04:14 AM

How are you keeping track of the false DMCA notices? Is there a way to have Lumen send you an email whenever someone files a complaint against a certain domain?

trevesty 07-29-2020 04:26 AM

Quote:

Originally Posted by Mr.Fiction (Post 22710114)
How are you keeping track of the false DMCA notices? Is there a way to have Lumen send you an email whenever someone files a complaint against a certain domain?

Add the site to your Google Console. :winkwink:

DarkJedi 07-29-2020 04:39 AM

Quote:

Originally Posted by Mr.Fiction (Post 22710114)
How are you keeping track of the false DMCA notices? Is there a way to have Lumen send you an email whenever someone files a complaint against a certain domain?

Your wesite disapoears from Google and you stop receiving any goigle traffic.
You can also add your website to Google webmaster tools.

Mr.Fiction 07-29-2020 11:22 AM

Quote:

Originally Posted by trevesty (Post 22710115)
Add the site to your Google Console. :winkwink:

Sites in webmaster tools don't seem to be showing DMCA notifications that I can see in the Lumen database.

CurrentlySober 07-29-2020 11:53 AM

Fiddy DMCAs and a nice big wet poo :)

$5 submissions 07-29-2020 05:52 PM

2 words: Bulletproof hosting

DumpManager 07-29-2020 07:51 PM

Wow these shady mother fuckers are still doing this!? This exact same scumbag company did this to me a year or two ago, got my site penalized by google etc.

I had absolutely nothing violating any DMCA content let alone anything that they were even searching for. Want to know what it was and why they struck me? A file name of a .jpg had a similar text string as a cam model.

They exclusively filed the thing based on a file name without even looking at it (It was something completely different of course) and caused damage to my site and it never recovered.

drexl 07-30-2020 01:19 PM

Disclaimer: I am not talking about Cam Model Protection, I don't have experience with them, nor do I believe all model protections are bad or all webmasters are good, this is silly, use your judgement and form an opinion on a case by case using your experience

- Consider the following scenario (one simple scenario of many possibilities):

A model m has a profile picture uploaded on sponsor s1. s1 becomes owner as per their terms (terms that differ from other sponsors' terms of course). m likes that picture of hers (otherwise it wouldn’t be her profile picture) and uploads it to sponsor s2 (they have another set of terms). s1 owns the content, s1 & s2 distribute and make the profile pic available to their affiliates. Google and others index the pages that affiliates have skillfully produced. Model m searches for her username and sees thousands of matches! wtf!! she immediately gets in touch with a "model protection" service (mp) that charges her a hefty monthly recurring fee and files a dmca on her behalf not realizing (or maybe they do) they are not representing the actual owner of the content (which is s1, see above). mp use their unauthorized crawlers to detect the profile picture. Those crawlers are not perfect so they also identify wrong content and flag it in the process as per noted in the previous post. mp will file dmcas to thousands of affiliates swearing by "persuant of article xxxx" and "by God and by Law" etc .. that they represent the owner and will pay if this isn't accurate. But, indeed it isn't accurate: back to the first step, s1 actually owns the content not m. mp doesn't represent s1. mp in fact is harmful to s1 by attacking it by proxy (attacking its affiliates).


model protection service, in the above scenario:
- trespassed, used webmasters bandwidth with non-legit bots and without explicit authorization, in breach of terms, etc..
- lied under oath: the content is owned by sponsors who authorized their affiliates to use it
- are detrimental to sponsors by de-indexing pages that drive traffic to them.
- mislead models into believing dmca is a de-indexing tool.
- benefited from the confusion and entertained further confusion by mixing actual piracy content
- have been unreasonable by not attempting to establish contact before escalating


Of course this is only one case of many. Each case should be carefully addressed because nothing is ever so simple. Automation and filing in bulk with minimal human intervention seems a bad idea. To that you add that they don't try to establish a channel of discussion with webmasters.


And now the article again:
Quote:

There are the automatic bots that crawl for content and get it wrong many time.
Quote:

...scammers can fire off these notices at will and rely on a small percentage of pushback being received. Whatever the intent behind this system, it's clear at this point that there are multiple avenues for abuse. That makes it high time that we revisit all of this and see if there is a better way.
Source: What A Shock: Scammers Are Abusing Takedown System With DMCA Claims


All times are GMT -7. The time now is 12:28 PM.

Powered by vBulletin® Version 3.8.8
Copyright ©2000 - 2025, vBulletin Solutions, Inc.
©2000-, AI Media Network Inc