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-   -   Look What This Guy Did To Fight Illegal Tube-type Copyright Infringement! (https://gfy.com/showthread.php?t=915880)

TheDoc 07-15-2009 09:04 AM

Quote:

Originally Posted by JimmyStephans (Post 16066522)
The t-shirt part is for funding. They set-up the sites as a forum to trade and discuss, but it was huge at over 7000 members. They even wanted to host the content so DMCA to Rapidshare wouldn't get files taken down.

For funding Platoon set-up a site to sell t-shirts and it at first used PayPal, then another service called PayPay.

The forum had special sections you couldn't get into, including the stuff they hosted themselves, unless you donated money by purchasing a t-shirt.

Buy a t-shirt, get special access to all sort of other content they hosted themselves on a server in Turkey.

The site owners never replied to DMCA, C & D, or anything else. The site was moved about 6 times in 18 months -- hosts would get sick of complaints from guys like me. The last host was in Turkey and states right on their site they ignore American DMCA.

That doesn't matter -- the owner was in Ohio!

Jimmy

Oh, that's some nasty stuff.... and the guy was American. I want to be shocked by the stupidity of the guy, but I'm not.

Nice job on the fight!

JimmyStephans 07-15-2009 09:12 AM

Quote:

Originally Posted by Jim_Gunn (Post 16066402)
Jimmy, I have another question- can you give us a rough idea of what you had to spend out of pocket for the attorneys and private detective and for other expenses in order to reach a settlement with the first individual or first few individuals? I like to get an idea just how cost prohibitive this kind of action is for a small to medium sized company that is looking to protect their copyrights.

Many, many hours of my own time -- and that of a few other webmasters comparing IPs and other records.

The P.I. was about $1300 in Ohio.

Airfare, hotel, etc -- maybe another $800.

Lawyers -- just a couple of expensive lunches! Actually, both lawyers have been helping me with other stuff, like contracts and leases and things, for years and this was just sort of bundled in with general conversations. That will change in late August when all deadlines have past and we actually file a suit against those that haven't settled.

Thus far I am way ahead (if you don't count my own time).

Remember, besides the settlement money received thus far, there is the "member" issue.

Membership is up. The names are old names -- meaning guys that would subscribe a year ago, but hadn't recently -- but are back now. I think, as does another webmaster that helped me, that those guys (he sees same trend) would just get the content for free because they could, but now buy because they have to.

Jimmy

JFK 07-15-2009 09:22 AM

Good For Jimmy to stand up for what's his:thumbsup:thumbsup
Specially love this comment:winkwink:
"Its amazing how tugh these guys are online, and how whimpy they are in real life."

alexchechs 07-15-2009 09:30 AM

Good job Jimmy...

crockett 07-15-2009 09:33 AM

Quote:

Originally Posted by spacedog (Post 16064262)
???? He paid cash for the domains.. Why?

Was probably easier to make sure he got all the server files. Better to make a deal with one guy to be able to hang the rest.

coolegg2 07-15-2009 09:34 AM

Fucking awesome!!

crockett 07-15-2009 09:38 AM

Quote:

Originally Posted by JimmyStephans (Post 16065968)
Thanks for the comments...

The first guy (Dennis Beard) settled for $20,000 and you can see the cashier's checks here:

http://wp-board.com/beard/

Full settlement agreement here:

http://wp-board.com/beard/BeardSettlement.pdf

For those that don't know -- "Victory Junction" is a summer camp run by Kyle Petty / Richard Petty (NASCAR fame) for terminally ill children. All the settlements include (or will include) a donation being made to them.


The next guy, who went by "Idigit", also settled for $20,000 but after seeing me use Beard's name and check copies, he and I agreed on a settlement that would rename confidential. His settlement is done and signed, but being paid over a couple of years.

The 3rd guy, "Denshaman", is also settling. His parents hired a lawyer for him and some paperwork is flying back and forth. His will also be $20,000 but should have been more as he was the largest poster of my stuff.

No word on the others yet. Late June and around the 4th of July I was away from the office so didn't do much on this stuff. Back at it a couple of days this week.

More new as I have it.

Jimmy


Congrats on doing this and having it work out. I do have to say it's always sad to see the big Adult power houses that have shit loads of money for lawyers never do anything on the piracy end. Yet it always seems to be left for the little guys to do the grunt work that actually changes things.

If nothing else, I'm sure people will think twice when you send them a C&D.

cosis 07-15-2009 09:44 AM

good to see someone taking action

SGS 07-15-2009 09:46 AM

Quote:

Originally Posted by JimmyStephans (Post 16066596)
Many, many hours of my own time -- and that of a few other webmasters comparing IPs and other records.

The P.I. was about $1300 in Ohio.

Airfare, hotel, etc -- maybe another $800.

Lawyers -- just a couple of expensive lunches! Actually, both lawyers have been helping me with other stuff, like contracts and leases and things, for years and this was just sort of bundled in with general conversations. That will change in late August when all deadlines have past and we actually file a suit against those that haven't settled.

Thus far I am way ahead (if you don't count my own time).

Remember, besides the settlement money received thus far, there is the "member" issue.

Membership is up. The names are old names -- meaning guys that would subscribe a year ago, but hadn't recently -- but are back now. I think, as does another webmaster that helped me, that those guys (he sees same trend) would just get the content for free because they could, but now buy because they have to.

Jimmy

You are a true star and I take my hat off to you. :)

Matyko 07-15-2009 10:06 AM

Quote:

Originally Posted by SGS (Post 16066739)
You are a true star and I take my hat off to you. :)

+1 :thumbsup:thumbsup:thumbsup:thumbsup:thumbsup:thum bsup:thumbsup:thumbsup:thumbsup:thumbsup

gleem 07-15-2009 10:44 AM

wow, good for you! wish I had the time to do more than C&D's

TheDoc 07-15-2009 11:06 AM

Quote:

Originally Posted by crockett (Post 16066702)
Congrats on doing this and having it work out. I do have to say it's always sad to see the big Adult power houses that have shit loads of money for lawyers never do anything on the piracy end. Yet it always seems to be left for the little guys to do the grunt work that actually changes things.

If nothing else, I'm sure people will think twice when you send them a C&D.

I know a couple of big companies that did all the research for this, and backed out. They had very little to no case. But don't count everyone out.

More people are pissed at the law... but blame a tube.


The WP Board guys straight up, stole, uploaded, stored, charged for access, etc content. It would be like a paysite stealing content, making money on it, and not listening to your requests to take it down. While they moved around to keep it up. And they are American.

It would be a slam dunk win for anyone.

Nice to see that we don't have to go after the big guys though. The smaller targets can actually be rather profitable.

WarChild 07-15-2009 11:24 AM

Just being a flat out pirate and thief is one level of stupidity, but to go as far as to completely ignore C&Ds and DMCA requests is just utter insanity.
Sounds like they got what they deserved.

davecummings 07-15-2009 02:13 PM

JimmyStephans ROCKS!!!!!!!

tony286 07-15-2009 02:23 PM

Quote:

Originally Posted by TheDoc (Post 16067240)
I know a couple of big companies that did all the research for this, and backed out. They had very little to no case. But don't count everyone out.

More people are pissed at the law... but blame a tube.


The WP Board guys straight up, stole, uploaded, stored, charged for access, etc content. It would be like a paysite stealing content, making money on it, and not listening to your requests to take it down. While they moved around to keep it up. And they are American.

It would be a slam dunk win for anyone.

Nice to see that we don't have to go after the big guys though. The smaller targets can actually be rather profitable.

Well he had a case and won maybe they just didnt want to spend the money. Its hard to take a stand.

Dirty D 07-15-2009 04:28 PM

I like this guy!

TheDoc 07-15-2009 04:48 PM

Quote:

Originally Posted by tony404 (Post 16068163)
Well he had a case and won maybe they just didnt want to spend the money. Its hard to take a stand.

His situation is very different.

The people he went after didn't respond to notices, could be proven that they did the uploads, and then owned and operated within the United States while clearly trying to hide it by moving the hosting.

Adult companies have sued for Copyright before, you just need to have your ducks in a row or be counter sued. If you have a tight case like this, go for it.

But for the rest of our industry and piracy tubes, many respond to take down notices. That really hurts our efforts, they are following the law.

The rest aren't located in America, or the corporation isn't and we have no legal ability to prove the owner is American. They are 'employees' with those Companies at that, making it even harder.


Just my take at least.

gideongallery 07-15-2009 05:05 PM

Quote:

Originally Posted by TheDoc (Post 16067240)
I know a couple of big companies that did all the research for this, and backed out. They had very little to no case. But don't count everyone out.

More people are pissed at the law... but blame a tube.


The WP Board guys straight up, stole, uploaded, stored, charged for access, etc content. It would be like a paysite stealing content, making money on it, and not listening to your requests to take it down. While they moved around to keep it up. And they are American.

It would be a slam dunk win for anyone.

Nice to see that we don't have to go after the big guys though. The smaller targets can actually be rather profitable.

exactly he had no "loophole" fair use the second he ignored the DMCA, he was american and therefore governed by that law.

the uploaders assuming they were not passed the take down request could have argued ignorance, or belief that their actions were covered by fair use. (well except for guy who worked for a media company) but obviously didn't want the embarrassment of a trial.

Quote:

Originally Posted by TheDoc (Post 16068766)
His situation is very different.

The people he went after didn't respond to notices, could be proven that they did the uploads, and then owned and operated within the United States while clearly trying to hide it by moving the hosting.

Adult companies have sued for Copyright before, you just need to have your ducks in a row or be counter sued. If you have a tight case like this, go for it.

But for the rest of our industry and piracy tubes, many respond to take down notices. That really hurts our efforts, they are following the law.

The rest aren't located in America, or the corporation isn't and we have no legal ability to prove the owner is American. They are 'employees' with those Companies at that, making it even harder.


Just my take at least.

this would not have worked in canada for example, the actions he described would violate PEPIDA and he would face fines of up to 10k per piece of information he collected.

privacy doesn't mean a lot in the states, since 911.

davecummings 07-15-2009 08:48 PM

Quote:

Originally Posted by PurrrfectVideo (Post 16064094)
Thanks for the info Dave, how are you?

Cool, thanks -- just miss the good ol' days when we all shot a lot of porn; now days, it's not as worth it financially.

tobephoto 07-16-2009 01:08 AM

Ye sir...sir

TidalWave 07-16-2009 01:31 AM

Quote:

Originally Posted by TheDoc (Post 16068766)
His situation is very different.

The people he went after didn't respond to notices, could be proven that they did the uploads, and then owned and operated within the United States while clearly trying to hide it by moving the hosting.

Adult companies have sued for Copyright before, you just need to have your ducks in a row or be counter sued. If you have a tight case like this, go for it.

But for the rest of our industry and piracy tubes, many respond to take down notices. That really hurts our efforts, they are following the law.
The rest aren't located in America, or the corporation isn't and we have no legal ability to prove the owner is American. They are 'employees' with those Companies at that, making it even harder.
Just my take at least.

Subpeona the host for the account records on file. Subpeona the host for the paypal email address they send money from, or the credit card number, or the location the wire comes in from.

Once you have the paypal email address, you subpeona Paypal for the IP addresses which accessed that account - if they are using Paypal they have to be in a country which abides by US law or is friendly with the USA.

There really isn't a way to be TRULY anonymous on the internet no matter how hard you try. As long as you can get the information some how, it can ALL be traced back!
The only people truly invulnerable are the ones who live themselves (and have NO assets in the USA) in places like Turkey, etc. However, a lot of these sites all have people who live or have assets or at some point RETURN to the USA. If they do any 1 of those 3, they can be caught.

There are not that many hosts out there who
#1. Will play game ignoring DMCA's, etc.
#2. Will have the network capacity to keep downloads fast.
#3. Do all this while still charging rock bottom prices.

These people will complain and move as soon as stuff is slow, and they will only pay rock bottom prices. So their options are limited because of those 3 factors combined.
I could probably name the hosts that account for 95% of all illegal tube and file sharing.

Dirty Dane 07-16-2009 01:34 AM

Hey that is really cool! But I went to the paysite and the models are as young as 13-14? They look older, but that it what it says. Am I missing something here???? :eek7:eek7

TidalWave 07-16-2009 01:38 AM

Quote:

Originally Posted by TidalWave (Post 16070295)

There are not that many hosts out there who
#1. Will play game ignoring DMCA's, etc.
#2. Will have the network capacity to keep downloads fast.
#3. Do all this while still charging rock bottom prices.

These people will complain and move as soon as stuff is slow, and they will only pay rock bottom prices. So their options are limited because of those 3 factors combined.
I could probably name the hosts that account for 95% of all illegal tube and file sharing.


Oh, and these hosts are really all located in just a few different countries: USA, Netherlands, and Germany(?).

So really not all that difficult - it would take time invested, but not incredibly difficult. Places like Turkey are going to have shitttttt for network speeds, capacity and prices.

Slutboat 07-16-2009 06:31 AM

Quote:

Originally Posted by Dirty Dane (Post 16070301)
Hey that is really cool! But I went to the paysite and the models are as young as 13-14? They look older, but that it what it says. Am I missing something here???? :eek7:eek7

Those are their real ages - nothing over 17.. He used to have full see thru stuff of the teenies on the tour..ballzy mo fo, and gotta admit, some cute little models.

davecummings 07-16-2009 12:49 PM

Let's hope technological advances will soon provide ways to make illegal tube sites go away!

cem 07-18-2009 03:16 AM

Nice, but there are much cheaper and also effective methods, see sig.

V_RocKs 07-18-2009 12:00 PM

Death of the keyboard warriors...

Drake 07-18-2009 12:01 PM

Nice job fella

coolegg2 07-20-2009 12:46 PM

Bump, for no other reason than this story of content thieves getting their just desserts gives me a massive hardon.

Fabien 07-20-2009 01:53 PM

Quote:

Originally Posted by cosis (Post 16066730)
good to see someone taking action

What he says !

I've been crying outloud for years about the fact the showing free stuff, full lenght (+NO COPYRIGHTS) is like shooting yourself in the foot.

So impressed by your determination.
THUMBS UP !

Now i sincerly hope i won't ever piss you off with something :1orglaugh
You're DA MAN and keep it going.

Fuck Tubes and forums

TheDoc 07-20-2009 01:56 PM

Quote:

Originally Posted by TidalWave (Post 16070295)
Subpeona the host for the account records on file. Subpeona the host for the paypal email address they send money from, or the credit card number, or the location the wire comes in from.

Once you have the paypal email address, you subpeona Paypal for the IP addresses which accessed that account - if they are using Paypal they have to be in a country which abides by US law or is friendly with the USA.

There really isn't a way to be TRULY anonymous on the internet no matter how hard you try. As long as you can get the information some how, it can ALL be traced back!
The only people truly invulnerable are the ones who live themselves (and have NO assets in the USA) in places like Turkey, etc. However, a lot of these sites all have people who live or have assets or at some point RETURN to the USA. If they do any 1 of those 3, they can be caught.

There are not that many hosts out there who
#1. Will play game ignoring DMCA's, etc.
#2. Will have the network capacity to keep downloads fast.
#3. Do all this while still charging rock bottom prices.

These people will complain and move as soon as stuff is slow, and they will only pay rock bottom prices. So their options are limited because of those 3 factors combined.
I could probably name the hosts that account for 95% of all illegal tube and file sharing.

Before you get a Subpeona, don't you need proof of something, started to sue, or something? It's for sure not cut and dry.

I really don't think a Tube is paying a bw bill with paypal or epass either. Prob have a better chance of going after a Sponsor on the Tube and trying to get the reverse information, but then again.

Even if you did subpeona them...

If someone sets up an offshore corp, that corp is making the money. That's the corp paying the bills. A wire isn't going to come from a US company or a personal wire, it's going to come from the International Corp.




I'm not saying that paths can't be found to sue the tubes. But I am saying, It's not as easy as you people "think" it is, or in the case of this thread... or it would have already happened, no doubt about that.

Fletch XXX 07-20-2009 01:58 PM

let he who has never copied a single dvd throw the first stone.

SleazyDream 07-20-2009 05:34 PM

very impressed.

I've always said there is nothing wrong with tubes so long as the content is licenced and used legally.

people who steal content should be sued.

Great job!

SleazyDream 07-20-2009 05:35 PM

Quote:

Originally Posted by Fletch XXX (Post 16087058)
let he who has never copied a single dvd throw the first stone.

never illegally, always with license and rights to do so..


gimi the STONE!!!!!!!!!!!!!!!!

Shoehorn! 07-20-2009 06:08 PM

Quote:

Originally Posted by SGS (Post 16066739)
You are a true star and I take my hat off to you. :)

I second that. :thumbsup

SilentKnight 07-20-2009 07:15 PM

I read your earlier thread about all this a month or so ago - and was thoroughly impressed with your methods and tenacity. :thumbsup

And I love how you managed to track down those with financial deep pockets (like the real estate guy) - to hit them hard with the settlements.

A few years ago I remember a colleague in the bdsm/fetish market that once said he made more money pursuing copyright infringement cases - than he did with his websites and video production (and he was considered a BIG producer in the niche categories - his name was fairly household familiar).

He'd go after a few infringement suits each week and wind up settling for rather healthy settlements. Like you, he primarily targeted the ones he knew had the money to pay.

Kudos to your ongoing efforts. I really hope more producers read about your exploits and get inspired to do the same.

And a special round of applause for donating portions of your settlements to worthy charities. That puts you in a very noble category. :thumbsup:thumbsup

katharos 07-23-2009 12:49 PM

web.archive.org/web/20040101115938/h**p://trueteenbabes.com/

the numbers are years ... enjoy ...

smutnut 07-23-2009 02:38 PM

Very interesting. I bookmarked the link to read closer later.:thumbsup

tobephoto 07-23-2009 07:40 PM

I like it. Would like to see a wave of it.

fatfoo 07-23-2009 11:29 PM

Nice read. Very instructive. Those content stealing tube sites are wrong.


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