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How Do They Get Away With It Without Being Sued???

Discussion in 'Legal Issues' started by Aleksandr., Oct 28, 2008.

  1. #1
    I hope I put this in the right section, if not, mods please move the thread to the proper area. I was wondering how YouPorn, PornHub, etc... don't get in trouble uploading, sharing, and allowing others to view the video by other companies making the product.

    I guess it is fine, if they are paying the other sites/companies for their products, but anyone can upload anything on there and share with everyone else on the web. Can you get into trouble for this, or even sued?

    Thanks in advance for answering my question, and I'm looking forward to your responses. What sorts of things do these websites have to deal with, as far as legal (related and non-related) concerns?
     
    Aleksandr., Oct 28, 2008 IP
  2. dabontv

    dabontv Active Member

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    #2
    It's like youtube, yea they could get sued, but probably won't, most cases you get a cease and desist on the content. Obviously if you don't remove it you'll get sued.
     
    dabontv, Oct 28, 2008 IP
  3. Aleksandr.

    Aleksandr. Peon

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    #3
    Sorry, but I'm a bit confused on this. These websites have videos from all of the big companies, so I don't see how they won't get sued if they can as you stated from above. What do you mean by "cease and desist" on the content? Thanks in advance for the help.
     
    Aleksandr., Oct 28, 2008 IP
  4. tommygswfc

    tommygswfc Peon

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    #4
    Basically these sites can play the "we cant take responsibility for what our users are uploading card"... that limits them of responsibility, and they can just agree to remove content should a copyright holder request so.

    Of course someone will just re-upload it again, and so it goes on lol.

    Tom
     
    tommygswfc, Oct 28, 2008 IP
  5. DiscussNow

    DiscussNow Peon

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    #5
    All of the above are pretty wrong.....

    All of the big companies have the option of removing the content from the tube sites. Instead, many use the tube sites as a way to get more traffic/revenue... It's a win/win situation for both sides of the table.
     
    DiscussNow, Oct 28, 2008 IP
  6. soniqhost.com

    soniqhost.com Notable Member

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    #6
    I think in 1996 congress passed a law that stated that ISP's can't get sued for what their members do. Which also applies to the youtubes of the world
     
    soniqhost.com, Oct 28, 2008 IP
  7. stmiki

    stmiki Peon

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    #7
    Those porn websites pretty much rely on "We are not responsible for the content that our users upload, in the event that you find content that is in violation of your intellectual property rights, please email "
     
    stmiki, Oct 28, 2008 IP
  8. Aleksandr.

    Aleksandr. Peon

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    #8
    Thanks guys for the help.
     
    Aleksandr., Oct 28, 2008 IP
  9. DiscussNow

    DiscussNow Peon

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    #9
    Internet Service Provides do not equal Websites.....

    Youtubes can get sued if they refuse to remove content...
     
    DiscussNow, Oct 28, 2008 IP
  10. stmiki

    stmiki Peon

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    #10
    Except many don't use it as one.

    All the big shot entertainment TV stations don't allow their stuff on YouTube. Fox, TBS, TNT, and USA all have their stuff removed from YouTube the second they find it.

    Comedy Central is one of the few that don't make a big deal out of it
     
    stmiki, Oct 28, 2008 IP
  11. Icheb

    Icheb Peon

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    #11
    Go look up DMCA on Wikipedia. Done.

    Oh gee, really? Fascinating. :rolleyes:
     
    Icheb, Oct 28, 2008 IP
  12. mentos

    mentos Prominent Member

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    #12

    I guess it is fine, if they are paying the other sites/companies for their products, but anyone can upload anything on there and share with everyone else on the web. Can you get into trouble for this, or even sued?

    Yes its fine if you host the site at offshore hosting
     
    mentos, Oct 28, 2008 IP
  13. Icheb

    Icheb Peon

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    #13
    Too bad that offshore hosting won't protect you at all. :)

    It's not about where the site is located, it's about where the owner is located and also which country the site is targetting.

    Don't believe me? Set up a offshore company which gets all your ad income so you don't have to pay taxes in the USA and then wonder why the IRS is coming after you. :)
    This is the exact same thing.
     
    Icheb, Oct 28, 2008 IP
  14. joebert

    joebert Well-Known Member

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  15. helaughs

    helaughs Peon

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    #15
    The IRS is a lot more powerful than any company that will come after you for DMCA violations. Many offshore hosting companies business models depend on protecting the identity of their customers. Yes it is still illegal to host copyright material offshore, but if you can not find a person, you can not sue them or send them a cease and desist letter. If you host copyrighted material in the US you will get take down requests and your hosting provider will cut you off rather quickly (even if the file is fake).

    Back to the OP's question my guess is that the porntube has permission from the other porn sites to display their movies, and when users upload other things that are copyrighted porntube removes them when they get take down requests.

    Youtube probably get's hundreds of take down requests every day, and they then take down the videos. However, they still get sued on a fairly regular basis for copyright infringement.
     
    helaughs, Oct 28, 2008 IP
  16. tobycoke

    tobycoke Peon

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    #16
    I haven't looked at those closely enough to realize that there was duplicate content. I suspect much of the content is advertising 'teasers' for the original sites. They would also be subject to the same DMCA regulations that YouTube has to follow. If they receive a DMCA complaint they will remove copyrighted material. I'm not sure how they follow the federal rules about having waivers and names of the 'actors'.
     
    tobycoke, Oct 29, 2008 IP
  17. Nonny

    Nonny Notable Member

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  18. Alex Brooks

    Alex Brooks Banned

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    #18
    Simple, the companies just ask them to remove the content before taking legal action and they do so, companies dont' want to have to go though all the hassle of a court-case, when they just get their content removed with a simple complaint.
     
    Alex Brooks, Oct 29, 2008 IP