You turn it round, forth and back until it fits somehow, right? I could copy and paste about 20 times i posted/messaged it that the whole memberrs areas have been lost and not be absolutly honest i even wasn't aware that there excist FHGs with your comment which is again my vault because i never thought i would have such trouble when buying a whole affilate program. But next time i will for sure ensure the following things:
- that there is no Paul Markham content anywhere
- that i get a full list with when what which content was used

So, you write all the time you found a lot but never post the URL's, so why don't you share with us what means a lot? I'am more than curious to see which are the "Lots" of FHGs made with your content? So far you only claim whatever not. While you are mostly right and i don't realy doubt it, it would be nice to point us to exact the things that you think and can proof are yours.

After it seems you have a lot of spare time why don't you just check? The fact that NONE of the other content providers used had any problems to help restoring the content that was bought from them let me believe that everything is ok with them or we wouldn't have got the content again.

Not sure if it's common, but for sure i won't buy again everything that has a paul markham pic, gallery or even link on it. I realy bought a lot of sites, only 1 affilate program so far, but for sure i won't go again through that shit-throwing another time and avoid your time, content, links and everything related to you like a hot potatao for sure.
I wonder how many other affilate programs are there with his content. Everybody reading that all should think about if there are not easier and cheaper solutions for content .....

Funny ass thread...

You blackmailed us exactly 3 times. 2 times you requested to have your program removed from the public shitlist and 1 time today you said that if i don't pay 3 or 5 times the full price you will post it all over the boards. 1 Time you requested the exact full price for the whole sets, means 2.200 US$ which i refused indeed. As i explained already in one of the other previous posts, all your so called re-supply offers have been knowling made a way you knew we could not agree. Furthermore you refused over weeks now to tell us what exactly is your content so it can be removed easyly and fast.

I didn't even now that there are FHGs with your content, was the very least thing i had awaited, but ok, bad luck and my mistake, no doubt.

Yes, i refused to tell you the new owner as the program itself isn't transfered completly yet neither i wanted that the new owners are confronted personally with that shit throwing they have no vault in. Meanwhile you know them anway ...

You have your tems and due your terms i admit there is a license problem that has to be solved, best with removing your content which will happen asap. IF you had us directed the last weeks as asked to the exact content it had for sure been managed already.
However, i'am not happy with your terms and i think it's not fair that you want to charge someone exactly 3 times for the same content on the very same domain on the very same affilate program. It might be your right due your terms, but i realy hope that people buying content are now aware of the way you handle such issues ...

So yes, i'am NOT willing to pay 2 times for the owner transfer to the new owner and i'am not willing to pay 5 times the full price for the use in the affilates area which i wasn't aware, that's why your content will get simply removed as soon as i know what exactly is yours....

Paul has stated many times in many threads here on GFY, that he gives his content away to almost anyone that wants it. Just look around, you might be able to legitimately use all of it, plus much more. FREE! :)

yes, that was the thread about he got that upset, lol, if we had agreed to his dictated offers we had paid so far 3 times for the same content + 5 times the price for the use on the affilates area, means about if my calculations is right 33.000 US$ for some fucking sets, lol.

All i want is to remove his content asap and to get the Chapter: "Paul Markham" closed.

Before giving Paul shit think about giving shit to whoever purchased a license agreement under those conditions. No one forced these terms on the initial buyer.

Everything is negotiable during the initial purchase transaction. Renegotiating after the fact is a totally different matter.

That is so true. Paul can make any license he wants too. I wont argue on that. And all that buys from him need to be damn sure they understand that license.

But with the stand paul has made lately, it is pretty hard not to give him a big fuck you when he comes and speaks about right and wrong when he openly supports theft himself.
I have some PM content myself and i gotta say it wasent till very recent i found out the license was to the person and NOT the domain it is used on. Even if you still need to list the domain name the content will be used on when you buy.

And i`m not alone on that understanding. I havent seen that in ANY other license ever. that the content is sold to a person and not the domain name and cant follow a sale of a site.
That is of course 100% my fault as i havent read the license close enoughf.

But that was not even the point of my post.
Yes, paul is in his good right in this case, just makes me sick with that form of double standard.

Paul's tube site stance is pathetic ..... no argument there.

When the website in question was sold was there no "due diligence" done? Content and traffic are the obvious assets being purchased. For the buyer to pay for content that wasn't transferrable is a bad investment. For the seller to sell something not his, over-stating assets, might be something to ask an attorney about.

To call Paul after a server crash and expect his cooperation is wishful thinking and foolish.

Whatever the case with the buying and selling of the sites in question, is irrelevant at this stage in this matter.

Sure, Pornonada should/could have been more careful with his purchase, and he readily admits that. As they could not come to terms when trying to get the 'license' straightened out, Pornonada decided they should remove the content. At least this is the way I see that it went down.

Technically, Paul is right in this matter, but his handling of the situation was completely out of line. (Note that NONE of the other content providers for the sites in question had any problem restoring content, etc.)

Paul was unreasonable with his request to be removed from the shitlist. If all it takes is a little bit of trading/cash to get removed from a shitlist, then the shitlist means nothing.

Calling the guy a scammer and pirate was completely unfounded and a blatant lie, as the details have been discussed publicly for some time.

With as many prices and wants that Paul has requested concerning this it just shows that he is quite selective for who and how his 'license' is applied.

Can't argue with anything you posted. :2 cents:

And to think Pauls return would involve no drama... okay so i'm naive... :1orglaugh

Hey thanks man :):)

:1orglaugh:1orglaugh

this may be a really stupid question but when i buy content i always buy as an agent for the corporation, that legal entity owns the content licience not me personally.

IF the corporation is sold then the licience would not have changed hands (corporation 186555 would still be the owner of the liciense)
the owner of the corporation would be the liciencee.

From the sounds of what you are saying, anyone stupid enough to buy from you can never sell their program, never take on partners (since that would change the owners of the corporation) never retire and never go public.

Which pretty much makes...clueless (PM)...a rip off artist...as well as an extortionist...as well as associating his business with content thieves...now doesn't it?

look i for one don't fault him for working with the tube sites as long as they comply with DMCA request they are operating within the law

however smokincash is a corporation, it pays it affiliates from a corporate account. that corporation ownes the domains, and the entire program was bought lock stock and barrel

which means the liciencee did not change, it still the same corporation that bought the licience in the first place.

who owns the corporation which owns the licience should not matter, and based on the wording of the contract it does not.

be careful, the content might be soon on redtube or any similar site !!!!

You come to me and I ask you to send the new buyers to me so I can get them to sign the transferred license. It's that simple and I do it all the time. I might ask the new buyers of the company to make a purchase of content, often I don't bother.

Make sure when you buy a licenses it's clearly licensed to the company and not you. Make sure you obtain a copy of the license signed by the licensor and make sure you abide by all the terms in the license.

I've seen on Ask Damage some of the mis information being posted here. I will put it right.

The original license was never sold to a company, it's to an individual who does not have the license or never showed it to to Pornonada. That license allows the licensee to use it on his domains.

It is not to a corporation, it's not to domains and it clearly states it's not transferable by the licensee. Where did you get that it was sold to a corporation?

So he bought the content he can't buy, as the original buyer does not have "content" to sell, he then uses the content, he still uses the content after he knows it's not licensed to him, he breaks the original terms of the license, he never paid for the extra use of the license.

He then starts a thread to damage my business. He should of called it.

"Don't buy a license from Paul Markham because the old fool will expect you to stick to it."

I know I rub people up the wrong way. I am me take it or leave it. But please don't make posts accusing me of doing something wrong when you clearly do not know the facts. Just to emphasise the facts.

1. The original license is to a person not a company.
2. It's not to be sold or transferred by that person.
3. It was for members are use only, it's being given to affiliates.
4. Pornonada has never seen the license.
5. Pornonada has not obtained a transfer of the license to him.
6. Pornonada continued to use the content.
7. Pornonada claims he sold the company and the content again.

The license has been broken time and time again, yet I'm meant to suck it up and ignore it. And take the flaming for getting pissed off.

he didn't steal the content, so you're already wrong there. He bought a cash program and for some reason there was a misunderstanding if the license was transferable with the domain. Seems it is not, now go work it out.

Seems like you just try to make a few extra bucks real quick. why do you care if a guy named Joe owns the site or a guy named john? Explain that to me.

OK there was misunderstanding. He bought a program and was sold content that the seller did not own to sell. OK accepted at this point.

I told the seller, called Marcel, before the sale he is not allowed to sell the license. Told him on ICQ to send the new buyer to me and not too include the license in the sale. Maybe Marcel is the biggest culprit here.

When Pornonada lost the content, he did not lose it all as he has it in his affiliates are and tour, he asked me to give it to him again and rewrite the license. This was the first I heard of it. I tried to make some extra money. Shoot me down in flames.

All the time Pornonada was using it in his affiliates area which is clearly against the terms of the license and without paying for the extra use. So he was also trying to make some extra money, shoot him down in flames.

If the content is in the affiliates area it's in there in clear breech of our license. That is something I would like to be paid for, do you think that's fair?

However we only have Pornonada word he bought the license to the content and the seller lost it during the transfer, the seller lost it off his computers and the servers? Might of happened.

Maybe the seller is not the guilty party, maybe he did not sell the license on the content and never transfered it to Pornonada, except for the bits he was using in the affiliates area.

Maybe Pornonada can show us he bought the license for the content.

Did not answer this and it a very good question that covers all content providers and their clients..

Because we sell to other people and the idea of a non exclusive license is to make it profitable for us to sell it and profitable for the buyers to buy it. We need to protect our interests and the interests of other buyers.

When Marcel bought the content there never was the provision to use it in the affiliates area that was brought in to make it fair to others as we were using www.paulmarkham.com content to promote www.paulmarkhamteens.com

We did not want every program to be giving the same scenes to all their affiliates, and trust me some would if they could, so we upped the price in the full knowledge that few would pay it.

Why did we do this?

So that sponsors and affiliates are not sold or given saturated content form www.paulmarkham.com

You can't saturate content in a major niche like teens, in a members area without the content provider making a lot of money.

So to just restate. Why do we care who owns the license?

Because we want to know he will stick to it so we protect ourselves and our other clients.

Is that so bad?

Why did you ask him for 11k?

I'm kind of missing something here

Now we go over and over again the very same like on the other board.
You NEVER released and signed a license.
Why don't you just show your part of the license that was signed by Marcel??? You can't show the license the same way because you NEVER released one and you know very well that none excists which again doesn't make things any better because nobody realy knows to whom it was licensed, was it smokingcash, was it Marcel, was it Andre the other previous owner or whom? I guess you got paid from the smokincash business account, but that doesn't realy matter as there NEVER was a released license to whomever.
So while you right now claim that it was sold to a personal person and not to smokincash i could right now ask you reverse, show me the license that was signed my the previous owner (marcel) and that it's licensed ONLY to him.
I admit that i can not proof it but now can you proof it, let's say with sreenshot to whom exactly you licensed it??

because some of the content seems to be used on FHGs, the content smokincash has was bought for 2200 US$ than in the past, now he asked 5 times the price for re-licensing it for FHG usage, means 11.000 US$.

He also wants that this got paid by me and the new owners because once i bought the program some months ago and now i'am in the process of selling and transfering it again, means another charge due the calculation he presented me once while dealing.

Honestly man, I don't want to get in the middle of your battle. But, there does seem to be a lot of question marks here. And there is not solid proof that you "STOLE" anything.

If I was in your position I would stop posting and consult a lawyer as to the best way to handle this process. Paul will need to produce a signed copy of the license from the person you purchased it from, and he would need to prove that you openly stole from him, that the license was indeed made out to the owners name and not the business in itself.

Some things will never find a resolve on the boards.

Sorry this is not right. When Pornonada originally declined all my offers to resupply and re license the content he carried on using it. It's only now after he continues to flame me that I have taken it to the next level, that he decides to remove it. It's still there and for all I know still inside the site.

We always resupply content to a client who has lost it. Pornonada is not a client of ours. He's a client of Marcel who he says sold him the content.

True I tried many prices and even as little as a fee banner on Ask Damage when DamageX came in and asked me. He said he could not do it. Seems I was to do everything for free, because of sales to Marcel.

All the time Pornonada had the content in the affiliates area, it was never licensed for that. What ever the arguments about selling a license with a domain or company the license never covered affiliate use.

If the shit list is to mean something it should include a site giving unlicensed content to affiliates. A site associated with DamageX!!!

You are fucking clueless.

We work on the removal as there seems to be no chance to get this solved, so i have no other choice than posting, as i'am not a scammer and not a pirate.
I don't see any need for a lawyer, all i want is to fucking remove his content asap, as we get zero help from him pointing us which is his content and where it's used we will hire mostly removeyourcontent.com to fix that asap.

If Paul wants to make finally a reasonable offer, fine, it's all in our interest, but not with blackmailing.

I knew you couldn't resist to finally admit what your real intention is. It's to hurt DamageX because he put your affilate program in the shitlist and me because i'am a mod on this board, ironicly without even a post or comment about the shitlist entry you got than back.

It was clear before, because most of your so called offers contained the need of the "shitlist removal" of your affilate program ....

Thank you for the info, Paul. :thumbsup

Is that what Marcel told you?

If so he was lying to you. The license is included in the buying process for the buyer to download, keep and print on all sales. It's also in the clients shopping basket area for all time.

Marcel never signed is and sent it to us, if he had he would of got it back signed by one of my staff. It would clearly state the content, price and what the content was licensed for.

Andre never made a purchase on the site according to our data base, are you saying he was an owner of smokincash and sold it to Marcel?

I have the license in the database and can see it. Want to see the proof?

Why don't you just come with an proposal for him to get the whole case
solved or tell him which content is yours that needs to be removed instead
of going back and forth over misunderstandings. :2 cents:

Yes, i asked about 25 times to see the license but you refused so far all the time, so yes, i'am still interested to see it of course....

because his intention isn't to solve the problem and issue but revenge for the "shitlist entry" of his affilate program on another forum where i'am a mod.
If he had made a fair prosposal we would have solved already, also the reason why he refuses to tell us exactly what and where his content is, we would have removed it by now x times but he didn't tell us upon all our requests. It's obvious he is not interested in solving the issue the one or other way, at least not so far...

The licenses as on our database. The licenses Marcel could of printed out and kept and got me to sign. The licenses he could of got to sign.

Clearly states the content license is not for affiliate distribution and reselling content to other webmasters.

http://www.paulmarkham.com/temp/pononada.jpg

http://www.paulmarkham.com/temp/pononada1.jpg

http://www.paulmarkham.com/temp/pononada2.jpg

http://www.paulmarkham.com/temp/pononada4.jpg

The domains allowed by Marcel to display the content on.

http://www.paulmarkham.com/temp/pononada3.jpg

http://www.paulmarkham.com/temp/pononada5.jpg

Want to claim it's a photochop? Other customers will tell you these exist. I will allow a trusted third party to login and see the licenses on the database.

No need for a 3rd party, i'am fine with that, i was just curious as i never saw it indeed. Is this the only excisting license or are there more?

Because that's where it started. I made countless offers to resolve it, all refused by him.

He knows this URL has our content, I told him yesterday on Ask Damage. http://www.smokinaccess.com/ Do you still see our content on that page?

OK here's an offer again.

Take down the content you don't own NOW. Or pay for it. Including the affiliates use license. Pornonada can make a public offer here and now.

Pornonada has had countless offers from me, from $2,000 down to a free banner on AD. All refused. Content still used. And probably still inside the site. We only have his word it's not and it's on the tour, on the affiliates side and given out on http://www.smokinaccess.com/

So all this content is NOT in the members area?

Maybe Pornonada would like to give me a login to the members area. He kicked me out of the affiliates area when he knew I had caught him out. Maybe someone else would like to look.

He made 5 purchases under the name of Marcel, all with it's own license. He could of grabbed a license at anytime and shown it to you. Any client will tell you they are all on the site to see. So is the invoice and the ability to add domains to the license.

There might be others purchases he made under different names. Andre never bought.

Most have been bound with things we can't give or do

Very funny, hard task if someone is NOT aware what exactly is your content and where exactly it's all displayed, means which FHGs, which pic exactly on a tour or design.

You sell the licenses, you make the price. All i can say is that we will not pay 5 times the price or US$ 11.000 for the affilate usage but prefer to remove it of course and replace this content from producers and brokers that cover such usage as well for a fair price.

As said again 100 times, your countless offers have been bound to things we can't do. We can't give you a free banner because your program is shitlisted. Your next offer was to remove you from the shitlist + US$ 200, while there is no problem with US$ 200, i can't remove you from the shitlist to make such deal. The other offer for US$ 2.200 for buying the content at exactly the same price again wasn't realy an offer or proposal because for that price we would have bought the content again, lol. Now your last blackmail offer yesterday was the full price x 5 for the affilate usage which we refused of course but prefer to remove the content if that's your last word

[QUOTE=Paul Markham;13824250]
Content still used. And probably still inside the site. We only have his word it's not and it's on the tour, on the affiliates side and given out on http://www.smokinaccess.com/

Yes, it's still there on the tour i guess and yes, it's on the affilates area which i got aware yesterday, but i take the full vault for that as well as i don't await that anybody believes me that i wasn't aware that some content was/is used on some FHGs

ALL the members area have been lost completly due the bad server move.
They are being restored step by step by the new owners with the content we got back from the other content providers. And yes, i realy hope there is NO content from you there

That's another blantant lie, i NEVER kicked you out, i'am even not aware you joined. I never had to hide anything. It's a public issue for some weeks now and i don't think someone is able to hide FHGs that have been up for months before i bought the program. The whole fact alone that not one single piece has of content has been removed so far should tell you that i don't hide anything.

Send me these 5 licenses please, they aren't anyway valid for me but would help to find your content much faster after we know what to search and look for exactly. You have sent you my email yesterday about 5 times so you have it i guess.

Or make a final public offer to get this resolved, because we are already in contact with removeyourcontent.com and i want hesitate to pay him to remove your content from allover smokincash to have this unlucky chapter finally closed. It's all up to you as i admit ALL my mistakes and it's more than obvious that i try to solve the situation one or the other way....

Good man ..... :thumbsup

Some clarification for readers who don't know what "the shitlist" is: it is a forum on another board where shady sponsors are listed.

Pornonada is a moderator on that board, not an owner, so I'm not sure why or how Paul thought he could action the removal of the thread shitlisting him. Ditto with banner ads on that forum.

To transfer the 5 licenses to you for the PAYSITE use only $250.

We will supply you with a new FTP for the content and new licenses.

Content use in the affiliates area is, 3 times the original purchase price to give it to affiliates and 5 times the original price to put it in FHGs and give it to affiliates. Less the original purchase price paid by Marcel. So 2 and 4 times.

Because when i bought the program we have been 3 people that wanted to run the program together, me financing it and the other 2 managing different tasks. Than back askdamagex was one of them but right after the buying of the program the idea was no longer an option for reasons i don't want to comment here. However, i was left alone and that's one of the reasons i sold the program again as it was obvious to me immediatly i can't run it alone...

Wait, am I following this right: he
a. Never saw the license
BUT
b. clearly violated the license

How would he know he violated the license if he has never seen it?

I never said he knew he was doing it.

He said he had looked at the licenses on our site and said he thought they were made out to a domain. He must of seen we do not license for affiliate use. Does that clear up that one?

Pornonada if you are selling the site I think you had best take all our content down. Don't want this all over again.

Because I was talking to DamageX who I believe has the power. I asked for a free ad, he said that would mean him taking me off the shit list so I said that as well. :winkwink:

I was put on the shit list when I refused to give affiliates un watermarked content. Seems DamageX thinks we should and to disagree with him is good enough to get you shit listed. :Oh crap

http://www.smokinaccess.com/images/myexpic1_big.jpg

So it would be, $250 + 4 x $2.200 = $9.050

reading your next post it seems you would like to have that whole thing taxed another time when the program is finally transfered to the new owners. But anyway, that offer isn't of any interest for me neither i want to deal in some days again with the transfer to the new owner again so i will stick with the removal.
Send me please the 5 issued licenses so we can lookup your content and forward them to removeyourcontent so he can go through everything way faster and more easy or send them just directly to him if you feel more comfortable that way, there is actually no need for me. So in some time your content will be removed from all smokincash sites, fhgs and tours, i hope you are satisfied now.

Now the final question, as the content would get lost that way i at very least would prefer that the previous owner and original buyer of the content could use the content than. How much will it cost to add an additionally doman to the license agreement? From what i see the license is for 10 domains, but only used on 3 domains, so is there a fee to have the 3 removed and add other domains to the previous owner so at very least he can use the content?! Just a thought so the money paid once isn't lost totally.

I didn't make any comments on the thread you are talking about which lead to a shitlist entry, but if i remember right it was more of the sort that you admited to give shit about your affilates, but i could be wrong.

As i said, i didn't comment anything in the thread you mention, so i will have to look it up when i have some spare time...