nobody has ever sued a company for deleting a video uploaded from an account that committed an illegal act and violated its service terms.

If you are so sure this is not the case then why don't you put up a security bond to cover all legal expenses if they get sued for not deleting a video uploaded by a criminal .?

remember copyright theft is a criminal act.

just to play devils advocate here.... how do we know that they dont license some of these full length videos? i have full lengths on a number of tubes that i run, all of which are legally licensed. some studios are broke these days and licensing for pennies on the dollar.

so how about, just to keep things easier to deal with in the future, we only bitch about content WE KNOW FOR A FACT is indeed infrining... ie; stop bitching to bitch and start bitching about whats your business and ONLY your business.

oh and surfers upload tons of shit, as barefootsies said.. they do it to get virtual high-fives from their little online 'friends'.

if you people are so worried about your content... go look on IRC!

Plain Fact IS Smokey.................... if Fabian/Nathan take down all videos that dont hold license for no one would visit the site. They cant take down these videos.. You think they want to give brazzers full videos for free? This is a big fucking game for this fucking shmuck.

OK, so we know that the videos that the user who posted DWB's videos didnt own license...but the other 2300 videos, he or Manwich owned the license. This is fucking bullshit that simply defies common sense! If this fucking fabian shill really had sincere intention to clean up these sites he would immediately delete ALL of these videos . Instead, he is going to hide behind some bullshit DMCA law that isn't even a law. No one has a RIGHT to post videos on any site... it is the site operator who has editorial prerogative. Their is no free speech right to uploading porn.... it's just bullshit from nathan/fabian. He is a game player, and a smirking, smarmy little fuck.

What a crock of bullshit. "Under DMCA law" ... ??? :1orglaugh It is your site and your servers and your TOC - you can delete what you want, you fucking cunt.

So, if a video was uploaded with a watermark saying "This is content that cannot be re-distributed anywhere", it will never go live?

All the more reason folks to check in on the ideas being discussed/implemented in https://gfy.com/showthread.php?p=17593395

Borked, if it is noticed, yes it would not go online, you are correct.

The others telling me how it's my site, how I have editorial rights, how I can decide what comes up or not... All of you, have not understood DMCA. It clearly says we can not select. So no, the USER has editorial rights, we do not, that's the whole point of a tube. We do have the right to screen for illegal content.

Possibly removing all content when banning a user for dmca is ok, but until I discuss it with our lawyers I can not comment on it.

Just because people on GFY want me to do something does not mean I will.

I've owned websites a LOT longer than you have. And I've owned content a LOT longer than you have...unless you were a big site owner dating back to the mid-1990's.

And you are looking really dumb when you say you can't take something down off of your own site. Bullshit. And everyone knows that. There is NO law in existence that says you have to have anything on Pornhub. You could delete the entire site right now if you wanted to. You could decide to shut it down and take it offline if you wanted to...or does DMCA say you "can't" LOL

WTF kind of b.s. is this? Pornhub is just a website. One of millions. It isn't some kind of national treasure that must be protected at all costs. You can delete every video right now if you want to.

You could find JESUS today and decide it's going to be an all religious tube from now on and go in there and delete every porn video in the data base and replace them all with Christian videos. No law says you can't.

No way you're this damn dumb. I think you are just doing another version of trolling to piss people off.

Nathan you are a fucking thief and I hope you rot in jail soon with your friends. :pimp

No but you could have the class and morals not to thieve our content. I used to have the class not to want to *!*^ you in the face if I came in contact with you ... yet I'd now encourage anybody whose content you've profited from, to do so!

You are a thief. You are using a gray area of the law as a loophole to get around it. Frankly, I'm surprised you can walk the streets without fearing what is coming up behind you.

I do not believe in violence.. if you do, I'm very sorry for you...

Robbie,
Deleting the whole site is completely different than taking down one specific video or a group of videos without a red-flag knowledge or DMCA. I would consider it selecting content. But again, I am not a lawyer, and because of that we are checking with some... until they tell me their opinion, I am not going to change anything, how ever often you call me a thief, stupid or an idiot.

BTW, I've been online since 1995 and done work in the adult entertainment industry since 1996.

When do you think you will you be able to discuss this with your lawyers? As you can see there are many people who are upset over the issue and who would appreciate swift action.

Tuesday.

Nice to see. :thumbsup

You should believe in violence, it happens everyday and has tragic endings. How many people's businesses have to be ruined before someone resorts to it?

You are basically talking shit though. You saying, you don't have the right to selectively delete something from your own server? Now, you know as well as everybody else here does, that is absolute rubbish. Lawyers have nothing to do with it. It's your site, your rules - you can delete what you want, when you want.

Are you pretending, or are you actually this stupid? Not only are you threatening physical violence in a public forum, you are also completely oblivious to DMCA rules. Get it in your head, IT IS NOT FOR ME TO DECIDE WHAT GOES UP ON THE SITE OR NOT!! If I start deciding that, I lose safe harbor under DMCA, and rightly so.

I'm done with you though, so do not even bother replying anymore, at least not to me.

Are you actually this stupid? Show me one place, where I've threatened you at all? Pull your head out of your arse, son.

It IS for you to decide what goes up, you have that choice. You have editorial control.
Either stop lying to us, or stop lying to yourself.

I don't believe you threatened him either but I think he took it that way. He's agreed to talk the matter over with a lawyer so I think we should leave him alone and see what he has to say then. I can't see a lawyer advising him that he cannot remove all videos uploaded by a terminated user and/or disable all videos uploaded by a suspended user. Especially since that is what Youtube essentially does. If the lawyers state otherwise then it will be....most interesting.

Maybe he took it that way because he does know what he's doing is wrong - and watches his back.
He's not talking to a lawyer ... he's paying us lip-service. He knows what is what.

Save your money ... below an excerpt from the tube of all tubes YouTube - https://youtube.com/t/terms

7. Account Termination Policy

1. YouTube will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.

2. YouTube reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. YouTube may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.

In regards to editorial rights - that may be an issue if you were going to edit a particular work. Deletion of a work entirely is a different matter; not editorial.

Bottom line add something like the following to your TOS ... "If we receive two or more verified DMCA claims within any 30 calendar day period, your account will be terminated and all its associated content will be deleted." That may be a bit extreme, but you get the idea.

Then somewhere else in your TOS add something like "We reserve the right to delete any user uploaded content at any time, for any reason." as a catch-all to cover situations in which the user's content may be legal, but is offensive or somehow unsuitable for the service, such as being off-topic or too similar content, etc.

Ron

Ron,

As you pasted, YouTube does not say they remove all videos once they terminate access, they also do not say what a repeat infringer is. Unless I missed that part obviously.

And no, editorial rights, as per DMCA, is selecting content. We can for example not choose what content we like that gets uploaded and what we do not and then not let certain things come online. This is illegal as per DMCA. Deleting videos after the fact with a reason like "you uploaded 2000 videos and 2 were DMCA'd, obviously all other 1998 are infringing although interestingly enough we have only received 2 DMCA's in the last 2 months" does not sound so great to me. Of course we could just guess... but let's imagine this...

There is a user, he runs a service which uploads videos to tubes for content owners. The content owners hire him to upload. One of the content owners changes his mind and DMCA's the 2 videos he had him upload. So now we delete the other 1000 videos the user uploaded... We had no reason to do so in the end. Actually, in theory, one of the content owners could sue us because of unfair competition caused when we removed their video from our site and thus cost them branding views.

I know, I know, everyone will now again call me a thief and stupid and that I have no clue and that obviously I am just playing... still, I have the urge to comment... stupid me.

your the one who is demanding that manwin change their policy because you believe no one will sue.

I am simply telling you to back your "Belief" with some cash.

violating the TOS would including leaving in a watermark.
there could be hundreds of videos that violate that term, so removing them could censor free speach too.

because i know people with money will simply sue even if they have no shot of winning just to try and censor fair use.

I am not paying for that.

Your the one claiming they won't sue, that the point, if you truely believed that put up the cash.

Anything less is basically asking manwin to create a liablity for themselves when they don't have too under the law.

Yeah, I know...programmer. Fringe involvement at best. And I don't think you're stupid at all..I think you're playing dumb.

Whatever.

You can take down any damn thing you please on YOUR site. Matter of fact you can SELECT SPECIFIC videos that you just don't like. Maybe they don't make your dick hard? Or maybe you just see them and realize they are STOLEN. There is no law on Earth that says you can't do whatever you please on YOUR sites.

The law is in place to protect you from lawsuits if a user uploads stolen content. It's just that simple. Everything else you are saying is not correct.

As I said before...what if tomorrow you found religion? And you decided you wanted to take every porn video off the site and put up only religious videos? Are you TRYING to tell me the DMCA "law" won't allow you to do that?

I can only shake my head at you for even saying you would need to ask an attorney.

The DMCA is not there to stop a site owner from changing his site in ANY way he sees necessary and you know that. It's there to keep HONEST site owners from being persecuted for the sins of an uploader.

And like most of the less ethical pirate sites out there you are twisting this around to suit your purpose of using stolen content to boost your traffic.

You must have laid the smack down HARD on Pink Visual.

Obviously you can still act like this and say and do the things you're doing and you're reputation is already shit in this business. Ain't much can be done to hurt you at this point.
But poor Top Bucks is being made to look like total fools by you. As are the FSC. And if you think these are just the opinions of this zoo called GFY...you should read the much more serious thread on the XBiz forum that has no trolls on it.

Honestly Fabian...you don't hurt my paysite business. I am untouchable because of our fan base.

But my work as an affiliate for hundreds of other programs...destroyed.

So you can laugh knowing that cost me a loss of over 60 grand a month compared to my 2007 figures on Stats Remote. Good job! Pornhubs traffic grew to unprecedented heights as my tgps dropped off the map.

So all affiliate programs...if you're wondering why I'm not sending you sales anymore, that's why. I'm promoting the fuck out of you...but who wants to look at your promo materials when they can watch full scenes right out of your members area at a pirate site?

Luckily for me...I make enough money that losing 60 grand a month still hasn't slowed me down. But I'm one in a million in my circumstances. All the folks out here that this kind of thing has crushed feel a lot differently toward you.

I can take you or leave you. I'm mostly just giving you grief because of the incredulous things you are saying and the shock I'm in over how you are treating Top Bucks and the FSC like bitches by embarrassing them so badly with your posts and the fact that you are STILL monetizing Pink Visual's property while they try to figure out how to run this software.

I got a big set of balls. But the guys at MANSEF always had a big ass set too. And you being the "guy" now...and the MANWIN company are showing that you not only don't give a flying fuck, but you are also happy to rub the nose of Top Bucks in the ground for daring to stand up to you.

Fabian,

Please talk it over with your lawyers but FYI here is an example of a suspended Youtube account:

https://youtube.com/user/Barbaricsshadow

Here is what ALL the user's videos come up as:

https://youtube.com/watch?v=gXhoVgVp3cs

As you can see all the user's videos are taken down, including the channel. The user's content is no longer available.

Here are some of Youtube's guidilines:

http://www.google.com/support/youtub...y?answer=57391

http://help.youtube.com/support/yout...y?answer=92486

As you can see Youtube even specifies that a user MAY NOT reopen another user account after being terminated. Youtube even takes proactive steps to prevent them from doing so including banning the email used for the terminated account. There are even suggestions that if a user ever changes their email address to that old address after successfully opening an account under another email, the new account is also banned IMMEDIATELY.

I should also mention that after two strikes they prevent a user from uploading additional videos for a certain period of time.

signupdamnit , Fabian would like to read the YouTube rules and how they handle this...but he's going to have to check with his lawyer before he can read it.

And even when he does read it, he's going to have to ask his lawyer what it means.

And then he will have to ask his lawyer if he can take a piss in the morning...you get the picture.

Bottom line, if your shit keeps getting uploaded to pornhub over and over and over again while you keep wasting your valuable time and effort dmca'ing the same shit down over and over and over again...Fabian is going to keep laughing and asking his lawyer which bank he should put all the money he's making off of your work into.

And by the way...don't you realize that Fabian has much better attorneys than You Tube/Google? His lawyer knows DMCA much better than they do. And in case none of you have been reading Fabian's posts...he has "owned" Manwin for a few months, before that he worked as a programmer for NATS. (the pay for a programmer there is apparently REAL good....ie: MILLIONS). But somehow he knows more about DMCA than all of us who have been doing this a lot longer than he has (not counting him writing scripts for TMM)

So to recap: Fabian can't do anything...and I mean anything without asking his lawyer. Fabian is super rich. And even though Fabian said he owns the company and he knows more about DMCA than any of us, he never seems to have the answers for any questions on how Pornhub works or whether he is allowed to delete anything he pleases to on "his" site.

Got it? I know I do.

owning a hosting type site is significantly different then owning a link list or a tgp.

you remove a link your only reducing traffic your not censoring anyone, the persons content is still up on their own server.

the host taking the site down (which tube sites have to comply with since that the whole point of getting DMCA protection) has completely different liablities. The act of taking down the content actually censors the free speach associated with it.

so your totally wrong again.

your the guy who hires a divorce lawyer to do your copyright lawsuits
i would not trust the legal advice your giving.

gideongallery...you have no idea what the fuck you are talking about.

I haven't hired any "divorce" lawyer. lol

The guy I have taking care of collecting money for me is the same guy doing it for Hustler.

You are a complete moron.

Now get the fuck out of here! TheDoc OWNS YOU. He already proved that you are full of shit and you are his bitch.

Now please let the adults talk.

hahahahahaha. See - I can't say that on GFY but I wanted to as free speech says I am allowed to, as long as I'm not inciting violence or something.

Surely what gets put up *on a private website* has the means to be vetted and edited and deleted according to the rules of the owner of that private website.

Shit, this isn't Speaker's Corner in Hyde Park we're talking about...

Robbie,

as I have said, I will be talking to our lawyers about the subject and react accordingly.

If you think that is not reasonable, then so be it.

BTW, Robbie, just because 10 or so people on GFY complain about us, TopBucks or FSC regarding this subject, does not mean the world hates us. We have many many people working with us from this industry. You might not like that but thats how it is.

Also, your continued tries to claim that you are somehow special in your knowledge of the adult entertainment industry and that I am somehow not allowed to know anything about it since I am "just a programmer" are getting ridiculous. You are not special, I am not special.

signupdamnit, thx for the reasonable and constructive posts.

Fabian, I never said anybody was "special"

I merely said your expertise is NOT in what you are currently being presented to the world to be.

You are a programmer. You have never and will never be a true pornographer. Just as I have never and will never be a programmer. You don't even know how things work yet. You're just being told and doing what you're told by a few different people obviously.

That's cool.

Even now you're double talking. You are an amazing character. YouTube's rules and how they do it were just pointed out to you.

But yet you can't understand that. You must ask your lawyers if it's legal to take down a video? Get the fuck out of here!

If you don't already know the answer to that is "yes, you can" then that just goes to show that you don't have a clue about what you're doing. That's why you can't seem to answer much of anything.

If you look back at your posts you are always telling people that you need to "find out" about specific questions.

Brother...I know EVERY detail of what I do and my company does.

And before you start telling me how "big" your company is... Bottom line is you have Brazzers, a few dead tgps, and some tube sites. If you think that's just too massive for you to have knowledge of everything...then I'm sorry. I know I would.

I personally think that the real folks there know exactly how things work and exactly what to have you say.

But IF I'm crazy, and IF a programmer for NATS somehow came up with millions of dollars to buy a company in the middle of a worldwide economic crisis AND being sued AND having the govt. come after them....well, in that case I suggest you stop posting and go LEARN your damn business and your company.

assuming that 1998 videos that were not DMCA down are automatically infringing is not the same thing as blocking something that violates TOS.

The point is proof, you word got blocked because it is proven to be a violation of the TOS (it a banned word)

a porn tube acts as a host (it has too to get the safe harbor provision) so consider that when you define the "privat website" should a host of say claudia-marie.com be allowed to take down the site willy nilly with no consequences simply because think she is old and flabby (doesn't get them hard in robbie's quote).

should robbie be denied the right to sue for the damages cause by that willy nilly takedown.


that the point, nat right, the rules are different then a board, a tgp, a link list,

they are more akin to what a hosting provider has to do, and if you believe that robbie host can simply take down his domain willy nilly with no consequence you are sadly mistake.

Robbie, you are hilarious...

I am not going to answer until I have talked to my lawyers about it, that's just how it is, accept it or not, I do not care. There is reasons for why I do it this way, and you will have to just accept this, it's in the end, none of your business how I get this done. I am saying I am getting it done though...

You know _NOTHING_ about me, you know _NOTHING_ about the lawsuits against Mansef, you know _NOTHING_ about Manwin... That is the only stuff you make blatantly obvious here. I have no need to explain myself to you. Just because I own a company, does not mean I know every single little detail about every single little aspect of the way it runs.

We own far more than "Brazzers, a few dead tgps and some tube sites"... I fully understand that you, running your small website(s) does not understand the scale of this, and the reasons for why I do not know all the ins and outs by heart and I do not blame you, we are completely different kinds of people. As you said, you are a true pornographer. Sure, I do not shoot content myself, I do nolonger code myself, I nolonger setup websites myself, I simply do not have the time for that nor would it be feasible in such a big corporation. But this is something you as a true pornographer will never understand. Simply because you do not see the bigger picture here.

BTW, regarding your "worldwide economoic crisis" ... do you realize that because of this crisis, there is a TON of money flowing around just LOOKING for someone to take it because all the funds out there have lost the places to invest in? Should think about that a little, if you can. Very few people here understand the mechanics of the deals that I have made, but trust me, its doable, and I'm continuing to do them. Obviously I could sit here and spell it all out for you, but honestly, I have no need to justify myself towards you. It might piss me off that you can not wrap your head around the process and therefor are making false claims, but this rant will have to do... since it's none of your business.

As I also said before, you know NOTHING about the lawsuits against Mansef. I spent days on just those lawsuits before I signed the purchase agreement. And I can assure you, _I_ know more about it than you.

Obsess much? Now get out of here. TheDoc is STILL waiting for your email months and months later. Get out of here you attention whore. TheDoc OWNS you.

OK, I admit I'm no tin this field to know the ins and outs of DMCA - never said I did, but the hosting analogy seems wrong. If I was doing something illegal with my server, the ISP would be the first to know and they'd shut me off, right? I then went back to that ISP and got a new server and did the same, they'd shut me off again. The third time, they'd probably not take my business at all since they knew I was only in it to do things illegally.

Same with the law of my land and ADOPI.

For someone that claims to know everything about DMCA law you are completely hoping that no one in here is aware of the "counter claim" provision of the DMCA. Your "user" in this case could counter-claim for the other 1000 videos and you could restore them.

Case closed.

What's great is we're getting a lot of statements from you on the record. Keep 'em coming sucker.

Hey Fabian...should I post the newspaper articles from Montreal where O U I S S A M, Manos and Keezer have to live with 24 hour armed security and how much their neighbors can't stand to live in the neighborhood anymore because of them?

Yeah you guys are really popular. Idiot.

How's the money laundering case going?

1. You're right it is none of my business. And you have every right to say so.

2.. I don't know anything about the day to day business of that company. But I have forgotten more about how to run my own companies than you have ever learned.

3. You absolutely don't have to explain yourself to me...BUT you damn sure should know that company inside and out. It ain't that big. A lot of money? Yeah. But actual work to be done and scope...YES you can know all about it.

4. No, you don't own "far more" than Brazzers, a few dead tgps, and some tube sites. That IS your entire adult business. You would think you at least understand that.

5. I've been running my own multi-million dollar adult companies since the mid 1990's when you were...who knows? And on through when you were an EMPLOYEE of NATS in the 2000's. Up until right now where you are still an employee sent here to be the scapegoat. How's that working out for ya?

6. The "mechanics" of the deals "you" made? Whatever Fabian. I can guarantee you I've bought and sold more shit than YOU have ever dreamed of in your little worker bee life. Especially real estate holdings I've bought and sold with money I've made from adult. I'm very much aware of what it takes to get those loans and the amount of money I had to have in my account and in annual income to be able to secure a Jumbo loan. I doubt VERY seriously you've ever made that kind of money in your entire life programmer. But if you say so...

As you said back at "1" It's none of my business


So let's just keep it to what I DO know. You CAN take down those videos. You ARE making Top Bucks/Pink Visual and the FSC look like fools. And you are making money off of stolen content.

I'll leave you alone. Again, I hope only the best for you and Brazzers. And I hope at the same time complete and utter ruin for you and Pornhub.
Enjoy yourself with this whole thing.

the counter claim provision of the DMCA is for counter claims to takedown requests.

Your asking him to take down the content WITHOUT the takedown request.

if you think otherwise why don't you back the cost of lawsuit that may happen .

gideon thedoc is looking for you. He OWNS you.