You created NATS and the best you can do is ban their email address? Honestly?

I would think you should check DMCA law about those other videos. If your user violated your TOS 7 times (from me alone) and did not have permission to load those videos, that leads me and everyone else, including you, to believe he is loading nothing but videos he does not have the right to load. You clearly did not buy the rights to those videos otherwise that would implicate him as someone who works for you. The studios did not give him permission to post them, because for starters, he stole mine, and if he was given access to 2300 videos to put up for free, he would not bother stealing a single one.

He has 2300+ videos and you want me to believe he as the rights to all of them, after he just got caught with mine?

He doesn't.

The sheer numbers of videos alone from a plethora of different studios, tells you, without a doubt, he does not own the rights to all of them. I can speak personally and say at least 7 of them were there without permission, and I'm just on page 12 out of 99 of his pages.

A note from the user, from his profile:

With the number of posts he has and the time joined, he has been uploading 3 videos per day, for two straight years. Odd huh?

I didn't really think this was going to go anywhere but I figured I would give it a shot so at least I would know without a shadow of a doubt, that what I believed to be true, was true. Thanks for replying and removing the new videos in question, even if temporarily.

I can not say 100%, since it depends on many factors, but usually they would remain public. Under certain circumstances they all get removed.

DWB, this has nothing to do with a technical issue. And I am not a programmer anymore, I stopped programming over 3 years ago.

Why is that odd? There are a ton of people like that on YouTube also, those are not odd supposedly?

Sorry, but a copyrighted video is not automatically infringing. Far from it actually.

Actually, it's 7 infringing videos and I stopped when I was on page 12 out of 99. Will look through the rest tomorrow, but I do know for a fact this user does not have the rights to 2300+ videos. Every page of the 12 was full of DVD scenes I know from other studios.

You can't say you bought the rights to those video because that would connect him to your company. He sure as hell didn't buy the rights to them just to give them away for free, and why steal any if you have 2300 legal ones?

Use your head. In this case, it is a no brainier those videos are not supposed to be there. To think they do, for any reason, says you are being negligent.

BAM! Check Mate!

Banning a user is a certain circumstance and other hosts like YouTube or Rapidshare remove all content from public if the user is banned. I can't see why a porn tube is different regarding DMCA. The user is no longer in control and can't respond on claims if you keep it online.

ya if the content isnt owned by him, they should get removed, and whats with the users registering weeks ago, and last time they were online was a year ago, think you fucked up when registering fake nicks so you can get away with uploading stolen videos.

Uh Oh Fabien/Nathian. You dun goofed!!!! Cyber police backtraced you and is coming for you. Fucking thief.

i think it just proves i just came on a sock.

Not sure if this is really a normal user account or not but talk about MASSIVE pirate content:

http://www.pornhub.com/users/anonymous


Despite "Last Login: 11 Months ago"

This video: http://www.pornhub.com/view_video.php?viewkey=298394919 Claims to be "Added: 1 month ago"

And there are also private videos which claim to be added "2 weeks ago"



Here's another that Half man, Half Amazing brought up in the other topic:

http://www.pornhub.com/users/JJ09

But videos added "4 days ago" such as this one:

http://www.pornhub.com/view_video.php?viewkey=587044175

We are doing that. It's been a long time coming. It's time consuming so only the biggest fish will be sought.

Quite sincere looking though.

or Ukraine, Argentina, Ohio, India and Brazil.

Sorry, but you have a small flaw in your logic...

I can buy licenses which allow me to have videos on tube sites even if not uploaded by me... YouTube does this all the time... so can we...

You should really stop thinking I am somehow stupid...

Anonymous is a special account.

Video "added" does not mean it was "uploaded" 4 days ago...

If you have to post useless replies, at least try to write my name(s) right...

DMCA does not say you have to allow a law breakers uploaded content to stay on your site. It says you can't select, there is no selection involved. The entire account is deleted, including all his uploaded content, for breaking the LAW. Not your TOS.

So now you can't say 100%. So what are the factors or/and certain circumstances that prohibit you from deleting a law breakers content?

So you own the licenses on videos not owned by you or your company? How the fuck would you know that until you get a DMCA pointing out otherwise? On content you say you own and uploaded by someone not connected to you or your company.

You could clear up a lot of doubt by making your uploaders of your licensed content upload under your companies name. Not a list of nick names that mean nothing.

Here's an interesting find. http://www.pornhub.com/users/bryanc

Joined: 1 year ago
Last Login: 3 weeks ago
Videos Watched: 94
People have watched bryanc videos: 17,797,701 times

He's got a whole load of Back Seat Bangers videos, owned by Top Buck, 23 full length scenes. Of the 1045 videos this guy uploaded.

So does he work for you and uploading your licensed content, work for Top Bucks and uploading their licensed content or neither

If Top Bucks are allowing this video on your site, where is the link to their site. And do they sell the license of their content to be used on Tube sites?

This was taken off another board:
"This is totally a non-event and nothing at all will come of it. No one (except maybe the FSC) can be so naive as to believe any of this. It's just an easy way for the Tubes to keep the wolves from their doors for a while longer.
I know 2 guys here in Montreal who's full-time job is to steal videos from websites and upload them as a user onto a few different Tube sites. They both have a large number of usernames to hide the fact that they are actually getting paid by the company. I won't name names, but it's easy to figure it all out.
I am actually sitting here, shaking my head, and the ridiculousness of that announcement. "

Paul, look.. how ever much I would love to make you happy, I never can anyway. Even if we ran our tubes in a way which would make everyone here call them "legal tubes" (although they are perfectly legal already now) you would still complain. Just about something else. With some people here on GFY, its just a useless fight. I continue to reply to you still though since I even think you deserve answers...

But, please... Manwin is not some small 10 person shop... We are a company. A big one. We have rules and principles, we have guides to follow, and this kind of stuff is internals. I am not going to reveal all our business mechanics and internals to you just because you ask... If my answer is not enough for you, then I can not help you further, it is as much as I am happy and willing to give...

Paul, give me the 23 links to the Top Bucks videos, I will talk to Allison myself and we will see what is happening.. Either its Vobile failing on them or they want them there... It's that simple..

You can email them to me too if you prefer instead of linking here... Or send them to Allison if that makes you happier.

And please, just because we own licenses to content does not mean we upload it to the tubes. I am also not saying we own any of the licenses to the videos in question, I said I simply do not know right now but we might, since we own a lot of licenses...

Please elaborate.

Please explain the delay. I'm aware of some possibilities but I'd like to hear what you say.

How about this. If the user that uploaded Dallas' movies also uploaded 2300 other movies don't you think some (ALL) were infringements too? If you ban the upload account you can sure as hell take the account's movies off. But until you do something like that you APPEAR to be a fucking liar. And with the rest of your song and dance you APPEAR not to be cleaning up the illegal shit with the your tubesites.

You can play with legal phrases all you want, but the APPEARANCE to everyone here is that you MIGHT BE a smarmy lowlife skirting the law. Because we all know if you took all of the media you dont have a license for off these site's, you would loose the backbone of the appeal of those sites. And because of this Fabian/Nathan, you have the appearance of being a fucking crook. Maybe I am wrong.

How is that Fabian/ Nathan?

Did you read what you just posted?

How could you POSSIBLY know the videos (in this case 2300+) uploaded by a random user, were videos you had the rights to or not?

This is not Youtube where mainstream movies can clearly be defined. This is 2300+ scenes of girls shot on a couch or a bed. IT IS IMPOSSIBLE for you to know if you have the rights to these or not, unless, you are viewing each one, which means... ya dun goofed Nathan.

If you are viewing each video to see if you have the rights to it or not, that means you are also finding the videos you DO NOT have the rights to and are selectively not deleting them. By selectively looking for those you do have the rights to, you are also finding the ones you don't have the rights to and ignoring them, as they are now clearly pointed out as infringed videos, which as I believe is a violation of DMCA, is it not? You can not choose, however if you KNOW you don't have the rights to them, and it's not a partner account, it is there without permission.

I don't think you're stupid Nathan. Just the opposite, I think you guys are brilliant. In fact, you guys have pulled this amazing move off so well and now you get to put a legal face on it with the help of the FSC, there honestly needs to be a new word created for how fucking smart you guys are. I'm not kidding. How about... Brazilliant?

However, I do think you'll slip somewhere. Maybe not YOU, but someone who works for you. Too many lies for your company to keep, too many technical possibilities, too many people wanting your blood. Somewhere, there is an "i" that was not dotted or a "t" not crossed. Perhaps it will be a bug in your system or a lawsuit that sticks. But in the meantime, enjoy it. You guys honestly earned it, regardless if you did it all by raping everyone else in the process, the fact of the matter is, so far you have gotten away with it, and that is Brazilliant.

I've sent the email to both you and Allison. And asked these questions.

I would like a reply to whether this is pirated or licensed?

If pirated is this enough to ban and delete all this users content?

If licensed how much more of Top Bucks content is licensed to Manwin?

And if it's licensed then the uploader must be linked or employed by Manwin. Or are you saying someone not linked or employed to Manwin is allowed to upload licensed content?

I appreciate this is the weekend but these questions should be easy to answer. Does Top Bucks license content to Manwin? Fabian and Allison must know this.

Is this uploader employed by Manwin and is all his content licensed?

Why wont you people, in a situation like this, sue: User Name: rampaux

Sue him! the tube site will be subpoenaed for that users information. See what rabbit hole that leads you down. If you sue 100s of users it will be interesting to see what kind of information you get back from the site. The person uploading the content is breaking the law, no question, no one can contest that. Sue the users, make the site produce the documents and then see what you have.

DWB, you just posted the _EXACT REASON_ why DMCA EXISTS...

Thank you.

I can only speak for myself, but I simply do not have the funds to chase rabbit holes. I'd love to, but I don't roll like that.



Of course that's why it exists, because you can't police it all. I understand that. But that is not what we are talking about.

You may have the rights to those videos. So what I'm saying is, how do you know if you don't look at them? How do you know someone is not loading child porn onto your server? How do you know if you had a license to my videos or not? How do you know if you don't look at them? Do you just assume you have a license to every video in the world until you are told otherwise?

It comes down to two options, and we all know which one is the accurate one:

1) You don't police the video at all until a video is flagged by a copyright owner or a site user. In which case why do you buy a license at all for any content?

2) You look at every video in search for the ones you have a license for. If you have a license, you leave it. If you don't and it's not on a partner account, you know it's stolen, pretend it isn't, and leave it anyway until someone sends you a notice.

So why look at all right?

In a word, that is unethical in every sense of the word, and you know it.

That is stealing until you get caught, which carries no consequences because of one flawed law. It's hard to say you are not a thief when you operate in this manner.

If it walks like a duck and quacks like a duck, it's a duck.

Don't bother replying, I have read enough to see it's business as usual for the pirate kings.

Forgot to add to my first reply on this...

Do you think a multi-million dollar company like Manwin is going to take the risk and have users uploading from their office? It will be spread out, probably across the world, impossible to track. They are brazilliant and ripping people off and have had plenty of time to get their ducks in a row, and now currently, protect their assets with this Mansef to Manwin change.

DWB,

As a side note, we do not upload content we do not own licenses to ourselves..

Regarding your question, the point of DMCA is that as long as a third party uploads content, we can not know what rights that uploader has... On top of that, us owning licenses makes it even harder...

Content is checked for illegal content, like child porn or beastiality. Stuff we miss the community flags and it is removed.

Please tell us more about how you check the videos and your policies and methods. For instance is each new video checked for Child Porn and Bestiality by your staff?

Yes it is, and no it is not breaking dmca rules, and no it does not mean we could find all infringing content too that way, because copyrighted is not the same as infringing.

Thanks. I didn't mean to imply that you were breaking DMCA rules. So is it accurate to say that each new video is manually checked by a member of your staff prior to being accessible by the general public? Or are videos immediately activated and later checked ASAP? What would you say is the average turnaround time for a new video to be checked (if it is not initially disabled prior to being checked by pornhub staff?)

Also if you would please answer my questions regarding the "anonymous" account I would be grateful.

I'm just trying to understand how it all works and what the process is.

I do not have answers for these right now, I will find out for you. I do not occupy myself personally with exact procedures, just general things.

Understood. I'll check back later in the week and bookmark the topic.

its all fun and games till one of these tube site owners get hurt. It's bound to happen sooner or later.

They hide and operate behind only 1 law. Unfortunately, there is also 1 law that keeps them all alive and out of harms way. But we can always dream....

If someone breaks into my house to steal everything I own, or simply steals 1 mini DV tape, without a second thought, will shoot and kill them where they stand with no remorse. By law I am permitted to do so. It is a crying shame there is not just 1 more law that allows me to do the same for stealing my property when it is outside of my home. It would be a glorious time to be alive if we could protect our property by force, anywhere our property may be. At the very least cut their hands off. It would cut thievery down with a quickness. Though, there is always going to be some dick head who thinks he's smarter than everyone else, but they all get caught sooner or later. OFF WITH YOUR HANDS! :1orglaugh

I would think cutting off a hand would be a lot easier than cutting of a dogs head. :upsidedow

so if your so sure why don't you put up a security bond to cover all legal expenses if they get sued for deleting the video.

remember fair use also authorizes uploading.

bumping for nathan/fabian's answers

it is not a problem at youtube ,google,twitter,facebook or any other law abiding company fyi. I have never seen a law that requires you to host files for people you have reason to believe are criminals.

But let's not beat around the bush , you can delete any file for any reason you want. You would delete a video if a person appeared underage right ? without proof right ? because it is the right thing to do , so don't play games, do the right thing, don't look the other way for criminals because it makes you more profit.