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#2
08-07-2007, 08:13 AM
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I can recommend several, but my personal favorites are Chad Belville and Eric Bernstein. Chad is in Phoenix and Eric is in New Jersey.
http://www.chadknowslaw.com http://www.embalaw.com
__________________
Porn Site Pros - Custom Website Design, Turnkey Sites, SEO, and Consulting 
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#4
08-07-2007, 10:49 PM
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Blake I have an army of lawyers. Lemme know how it goes.
__________________
ICQ 461356609 http://www.gregboone.com http://www.pornisfunny.com I draw toons, write blog posts, reviews for hire.
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#5
08-09-2007, 04:06 AM
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Well it didn't go very well. Chad Belville says that "damages are usually only awarded in cases where the offending website refuses to remove the copyright material".
So, it seems that this website can post my videos, have them viewed 30,000 times in 3 days, then, if and when I am able to detect the video on his site, and email him asking for it to be removed, and he does remove it, there is nothing I can do legally to stop him. Now I know how Youtube and Rapidshare survive.
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#6
08-09-2007, 07:03 AM
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Blake, did the website charge money for viewing the vids?
__________________
ICQ 461356609 http://www.gregboone.com http://www.pornisfunny.com I draw toons, write blog posts, reviews for hire.
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#8
08-09-2007, 01:15 PM
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Although I don't produce content, this is one aspect of the internet that really makes me mad.
The current laws put the burden of copyright enforcement on the producer and if they catch someone, the offender needs to simply stop doing it. It's similar to if shoplifting laws were changed so that if you were caught you could just give back the item, and no charges would be filed. What is really sad, is there is a whole generation of kids growing up thinking it is their right to get stuff for free. And if they don't they revolt as if their rights are being trampled. The irony is that some of these theft-based websites like Pirate Bay play the angle of being anti-big business and such even though they rake in millions themselves.
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#9
08-09-2007, 02:21 PM
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Yes my videos all have my website URL on them.
No the website does not charge to view videos. He makes money through affiliate banners and high traffic since punters can view for free what they previously had to pay for. My sales have fallen by two thirds in the last two months and are still falling. And the Law is silent.
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#13
08-11-2007, 12:16 AM
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Okay, here's the dilly. If the guy has his website and he's generating capital by using your videos for a 'draw' he's still in violation of federal and international copyright/maybe trademark laws. That's the FBI to handle that. Best to have an attorney who knows how to get the data to the FBI and let them go at it. Even if you're not an American citizen, your copyrighted material is still protected here and any violations are to be handled by the respective authorities.
Doesn't matter what it is. It's a violation of your copyrights, dude had banners to pay for bandwidth and profit, he used your works as a 'via' and anyone participating now is regarded as 'conspirators'. All of em, everyone who went to that site and downloaded your stuff 'knowing' it wasn't his can be charged. He didn't create nor purchase legally the artwork then he didn't 'own' it and that's all there is to it. Call the FBI. Demand they follow through with a prosecution of this nutball.
__________________
ICQ 461356609 http://www.gregboone.com http://www.pornisfunny.com I draw toons, write blog posts, reviews for hire.
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#14
08-12-2007, 02:10 AM
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Quote:
Sorry to hear about this Blake. Bloody pirates are everywhere. Chad's a fantastic lawyer, it's a pity there was nothing he could do for you. I'm loving your DDos attack notion.
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#15
08-12-2007, 02:43 AM
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You can also report the URL to Google and they will de-list it. Pretty quickly from what I understand if your documents are in order.
http://www.google.com/dmca.html Not much but if he's getting good traffic from certain search terms it might hurt him.
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#17
08-13-2007, 12:50 PM
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Quote:
We use Eric Bernstein as well and have been completely satisfied with the work he and his associates has done for us.
__________________
ICQ# 273099174 - monthly specials - FIRST MONTH FREE - 100% Referrals - chris@ for details Virtual from $14.95/month, Dedicated from $199.95/month Dual-Core Xeon > 20Mbps @ $399.95 | 50Mbps @ $699.95 | 75Mbps @ $999.95
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#18
08-13-2007, 04:14 PM
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Blake,
The legal advice you received is mostly correct, however there are some exceptions to this rule. In the event the offending website has reason to know of the infringing material (due to the repeated posting of it), and chooses not to remove it unless and until the copyright owner notifies them, there still may be liability. I've been successful with this approach a few times with my clients. Shoot me a note if you'd like to chat in more detail about it.
__________________
Pepper Law Group, LLC The Premier Adult Internet Law Firm Learn about PLG's Third Party 2257 Custodian Services Visit us on Facebook
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#20
08-19-2007, 05:49 PM
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Quote:
__________________
I just go to Oprano to throw stones @ my creator.., Masochists to which I cater. ________________________________________ _________________________ Thunder-Ball.net
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