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-   -   Possible legal solution to tube problem, micro not macro...... (https://gfy.com/showthread.php?t=917439)

Phil 07-23-2009 07:18 AM

So where did spelling police go? Fucking douchebag…. :1orglaugh:1orglaugh:1orglaugh

you go thru all that shit and then fuck up on very ext post. Bravo, asshole.... You win a medal...

mb 07-23-2009 07:32 AM

What if someone put together a FUND that any and all webmasters could contribute to for the sake of fighting a handful of the largest tubes? Much easier to take on a huge task like this in the courts if you have the money and support of thousands.

Really no excuse for most webmasters not to contribute something to this. Big programs will contribute more, small webmasters may contribute $10.

Just a thought.

Has some power if you can show thousands of signatures contributing to clean something up.

marc

baddog 07-23-2009 08:26 AM

Quote:

Originally Posted by SleazyDream (Post 16096333)
baddog - think about it - suing for money one thing, suing to get their URL, me thinks anyone paying legal fees for this will avoid stealing your content in the future.


Maybe in Canada. Doesn't work like that here. That is why I suggested start a coalition of Canadians to do this.

Quote:

Originally Posted by SleazyDream (Post 16096350)
all lawyers are afraid of small claims court :2 cents:

Maybe in Canada.

SleazyDream 07-23-2009 10:22 AM

i'm getting some ANGRY icqs from tube owners...

seems I may have something here............

SleazyDream 07-23-2009 10:25 AM

Quote:

Originally Posted by wootpr0n (Post 16096354)
You don't have a contract with them. So you can't invoice them for something that they haven't agreed to buy. And then you can't sue them for not having paid an invoice that is invalid.

IDIOT.

yes, you can.

it's theft, and I'm being reasonable by invoicing them so settle out of court.

SleazyDream 07-23-2009 10:28 AM

here's something the tube lover's arn't realizing.


you can sue for ANYTHING. doesn't have to be right.

and if they don't show up, you can get a default judgment.

micro, not marco.

big porn companies arn't made on big deals - only MORONS think that. they're made on 10s of thousands of small affilate accounts.

if everyone spent $30 to file a small claims lawsuit for $500 whenever content was stolen, tube theives would be crushed.

WarChild 07-23-2009 10:29 AM

Quote:

Originally Posted by SleazyDream (Post 16097657)
yes, you can.

it's theft, and I'm being reasonable by invoicing them so settle out of court.

But theft is criminal. Wouldn't you need to sue for breach of contract, one you don't have by the way, in small claims court?

It doesn't much matter really if this idea would or could work because it relies on getting hundreds of webmasters to persue it at once. We all know that will never happen.

SleazyDream 07-23-2009 10:31 AM

Quote:

Originally Posted by WarChild (Post 16097679)
But theft is criminal. Wouldn't you need to sue for breach of contract, one you don't have by the way, in small claims court?

It doesn't much matter really if this idea would or could work because it relies on getting hundreds of webmasters to persue it at once. We all know that will never happen.

criminal is seperate, criminal that costs you money is also tried on same incident for civil. example - OJ

not hundreds, it would probally work with 4-5.

i'm not investing $100,000k+ into a content theif. But i'm not against investing $100 and a half day of court sitting to fuck with someone

WarChild 07-23-2009 10:34 AM

Quote:

Originally Posted by SleazyDream (Post 16097696)
criminal is seperate, criminal that costs you money is also tried on same incident for civil. example - OJ

not hundreds, it would probally work with 4-5.

i'm not investing $100,000k+ into a content theif. But i'm not against investing $100 and a half day of court sitting to fuck with someone

Well I don't think the idea really has merrit. It'll be more interesting, I think, to see how Paolo and Kevin's lawsuit against redtube turns out. I however am not a lawyer and have been to 0 years of law school.

It would be interesting if chadknowslaw or pornlaw would come comment in this thread as they actually are lawyers and the rest of us are just guessing.

Dirty Dane 07-23-2009 10:49 AM

The key is to stress the owners so they have to moderate and (self)regulate. There are really no "safe" countries for hosting illegal content, if this is done worldwide. The paysites and producers should join and hire some to scan for illegal tubes. And take action from there. By organizing you have to pay something, but in the end that investments will benefit all.

Pleasurepays 07-23-2009 11:31 AM

the defendant can move the case out of small claims court and then proceed to make your life a living hell with serious counter claims.

tobephoto 07-23-2009 11:34 AM

Finally someone understands. It is VERY easy to win copyright lawsuites. It is VERY enforecable. Does not require an attorney. For some reason, in the US copyright infringment (theft) is more quick severe and enforecable that is you went and beat up someone on a crowded sidewalk, stole their wallet, in front of a crowd. With a good attorney you can get out of it. Not with copyright theft. I know!!!

WarChild 07-23-2009 11:37 AM

Quote:

Originally Posted by tobephoto (Post 16098034)
Finally someone understands. It is VERY easy to win copyright lawsuites. It is VERY enforecable. Does not require an attorney. For some reason, in the US copyright infringment (theft) is more quick severe and enforecable that is you went and beat up someone on a crowded sidewalk, stole their wallet, in front of a crowd. With a good attorney you can get out of it. Not with copyright theft. I know!!!

You really have no idea what you're talking about I'm afraid. I suggest you start by reading the DMCA and pay particular close attention to the safe harbour provision.

If it were so cut and dry easy to get copyright judgments against tubes, I assure you people would be going after them. Paolo and Kevin, two very smart people with large accomplishments spent considerable money investigating ways to go after Red Tube. They finally had to settle on going after them for unfair competition because the copyright approach is just so difficult especially in light of the DMCA. It appears their case was thrown out today anyway.

Pleasurepays 07-23-2009 11:48 AM

Quote:

Originally Posted by WarChild (Post 16097723)
Well I don't think the idea really has merrit. It'll be more interesting, I think, to see how Paolo and Kevin's lawsuit against redtube turns out. I however am not a lawyer and have been to 0 years of law school.

It would be interesting if chadknowslaw or pornlaw would come comment in this thread as they actually are lawyers and the rest of us are just guessing.

you absolutely, 100% can't do this in the US. the defendant can move the case out of small claims court and thrust you right into the big time with counter claims and suddenly you're the one who needs a 500.00 an hour attorney. the legal system here is set up for attorneys to win 99% of the time. there is rarely any other type of winner.

as that was said in A Civil Action ...something to the effect that "civil law is about spending money to make the other guy spend money. you both spend money hoping to pressure the other into caving and the first person that comes to his senses.... loses"

:2 cents:

woj 07-23-2009 12:22 PM

Great strategy, except one minor detail. you have to file a lawsuit where the defendant lives...
So you pay $100 for filling fees + another $400 or more to fly over there to show up to court, etc...
End result is you pissed away $500 and few hours of your time to arrange the whole thing... and what exactly did you accomplish?


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