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| Porn Users Forum » Interesting article about X-Art and their copyright defence |
| 1-19 of 19 Posts | Page 1 |
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| 05-17-14 12:50am - 3872 days | Original Post - #1 | |
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otoh (0)
Active User Posts: 159 Registered: Sep 17, '10 Location: UK |
Interesting article about X-Art and their copyright defence Interesting to learn a) it is a larger enterprise than I realised; and b) they are the biggest filer of copyright lawsuits: http://www.newyorker.com/online/blogs/cu...rotica-web-site.html | |
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| 05-18-14 05:50am - 3871 days | #2 | |
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Parsnip (0)
Active User Posts: 39 Registered: Oct 29, '13 Location: Atlanta, Georgia |
They play up the mom & pop sunshine and apple pie image, but nothing could be further from the truth. They must be one of the few sites that doesn't mention the parent company name anywhere on the site, for a reason. Google "Malibu Media", for a start google fills in the word "lawsuit" for you, and the reports of their activities would make your hair stand on end. | |
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| 05-18-14 02:56pm - 3871 days | #3 | |
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LPee23 (0)
Active User  Posts: 399 Registered: Jul 14, '13 Location: USA |
This is a really interesting case that I have been thinking about. You can't defend copyright trolls who abuse the system, but porn producers do need some way to prevent losses from excessive piracy. Prenda was definitely a troll, if you are familiar with that case. Is Malibu Media really a troll though, or are they just defending their product by using the system the way it was designed? Remember when SOPA/PIPA were being pushed through the US house and senate? I think everyone here was probably opposed to them. What SOPA/PIPA opponents like me argued for was to use the existing system to go after individual infringers, rather than censor the internet in broad strokes at the DNS level. If you believe their claims, then Malibu Media is doing nothing more than that. When I hear the music and motion picture industries come out against piracy, I am generally not sympathetic. They continue to make huge and ever increasing profits despite pervasive copyright infringement. While shoveling in the cash, they still campaign to reduce internet freedoms in the name of stopping piracy. This is unacceptable. The porn industry, on the other hand, did not generally come out lobbying in favor of SOPA and PIPA. With a couple of exceptions, they did not adopt DRM like the motion picture industry does and the music industry once did. And they are not making outsized profits. Some sites are, but others are being decimated by the current market environment. The porn industry has been hit the hardest, and yet they have by far been the most reasonable with their customers. There are a few specific points about Malibu Media that you could criticize, such as the reliability of identifying an individual based on an IP address, and the high dollar value that they seek in their settlements. I will say that those are questionable practices. But in general, I feel that either the current system of enforcement will have to work as designed, or we will end up with something much worse, like another SOPA/PIPA, down the road. Better to be pissed on, than to be pissed off. | |
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| 05-18-14 05:44pm - 3870 days | #4 | |
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Wittyguy (0)
Active User  Posts: 1,138 Registered: Feb 04, '08 Location: Left Coast, USA |
A lot of copyright / patent trolls have been shut down in recent years because courts will no longer let them file class action lawsuits against IP addresses like they used to do. You pretty much have to go after individuals or individual IP addresses now. However, the penalties and fines can be huge (not to mention attorney fees) in these cases and they not really in proportion to the actual damages incurred by a company even when someone is illegally downloading vids. At the moment there really is no "good and/or easy way" to fix the problem on either end of the problem and so we are stuck with the status quo. Another reason I guess to stick with paying a few bucks for your porn viewing pleasure. | |
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| 05-19-14 07:51am - 3870 days | #5 | |
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jberryl69 (0)
Disabled User  Posts: 1,000 Registered: Nov 27, '10 Location: neverland |
The only thing I can take away from this is that I was surprised to learn the company was American made. If it ain't grits, it must be a Yankee. If you're going to lay her head over the pool table and fuck her throat, get your fucking hand off her throat! | |
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| 05-19-14 05:58pm - 3869 days | #6 | |
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pat362 (0)
Active User  Posts: 3,575 Registered: Jan 23, '07 Location: canada |
^That's exactly what I got as well. I was always under the impression that it was an European studio. Long live the Brown Coats. | |
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| 05-20-14 12:12pm - 3869 days | #7 | |
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jberryl69 (0)
Disabled User Posts: 1,000 Registered: Nov 27, '10 Location: neverland |
^Perhaps this is because the vast majority of models/photographers came across as European. Maybe they thought it was more exotic or something along those lines. If it ain't grits, it must be a Yankee. If you're going to lay her head over the pool table and fuck her throat, get your fucking hand off her throat! | |
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| 06-11-14 04:28pm - 3846 days | #8 | |
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LPee23 (0)
Active User Posts: 399 Registered: Jul 14, '13 Location: USA |
It looks like X-Art.com may have just stepped on a huge landmine. Apparently, a defendant's lawyer accused X-Art of having incomplete 2257 documents and made the argument that the court can't defend the copyrights of a company that might be violating the law in providing content. It's a preliminary ruling, but the judge seems to be willing to allow the defendant's lawyer to inspect all of the 2257 documents in order to support or refute these claims. I think X-Art is a legitimate company, but with over 200 models, even 99% complete 2257 documentation is not enough to avoid a conviction. It's a risky defense though, because if one of the models is proven to be underage and the defendant downloaded her content, then he is going to prison too. See the article here: http://www.xbiz.com/news/web/180319 Better to be pissed on, than to be pissed off. | |
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| 06-11-14 06:35pm - 3846 days | #9 | |
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Parsnip (0)
Active User Posts: 39 Registered: Oct 29, '13 Location: Atlanta, Georgia |
Just as important is that x-art could well have been seeding the torrents which people have been downloading. They've been accused of it, and also of not removing torrents so that they could catch more victims. It is pretty clear entrapment. They've also had other films with very nasty sounding titles available on the torrents, but not publicised, and they have accused their victims of downloading them too - even if they don't hold copyright for films with those names, and the files on the torrents weren't those films anyway. Their aim has been to intimidate victims by threatening to publicise that they not only downloaded "Teenagers in love" or something similar (which they may well have done) but also abusive and potentially illegal sounding titles, (which they certainly wouldn't have, but think of what that accusation could do to someone). There's a reason one federal judge called them extortionists. They've gone way beyond legit copyright protection here. | |
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| 06-13-14 08:44pm - 3844 days | #10 | |
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PinkPanther (0)
Active User  Posts: 1,136 Registered: Jan 08, '07 Location: Oakland, CA |
Another reason - beyond their boring fucking movies - not to subscribe to their site. | |
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| 06-25-14 08:30pm - 3832 days | #11 | |
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Cybertoad (0)
Disabled User  Posts: 2,158 Registered: Jan 01, '08 Location: Wash |
Sad day in the adult industry when they start acting like bankers and not artists . Since 2007 | |
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| 06-26-14 05:52am - 3832 days | #12 | |
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AWpress (0)
Active Webmaster  Posts: 118 Registered: Nov 20, '12 Location: The Netherlands |
I think there's a threshold for most artists when the money eclipses the art. It's kind of unavoidable really, even the purest street performer would get corrupted if his art shaped millions of dollars,the livelihood of hundreds of auxiliary professionals, and countless fans. Human nature, I guess. On the positive side, this phenomenon does actually add value to the 'independent'/underground scene. So long as folks keep selling out, the little guy has a better shot at doing something remarkable. | |
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| 06-27-14 07:01am - 3831 days | #13 | |
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jberryl69 (0)
Disabled User Posts: 1,000 Registered: Nov 27, '10 Location: neverland |
Doesn't it sound like X-Art is using the Monsanto initiative by suing everyone? If it ain't grits, it must be a Yankee. If you're going to lay her head over the pool table and fuck her throat, get your fucking hand off her throat! | |
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| 07-04-14 12:32pm - 3824 days | #14 | |
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Parsnip (0)
Active User Posts: 39 Registered: Oct 29, '13 Location: Atlanta, Georgia |
"The Monsanto of porn" Love it  | |
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| 07-05-14 01:50am - 3823 days | #15 | |
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jd1961 (0)
Active User  Posts: 296 Registered: Jun 07, '07 |
I wouldn't download X-Art material if you paid me. I've seen free previews---it's junk . Like most American porno is nowadays. They're seeing their profits going down the tube, and seek a scapegoat. But it's the same with all of them. I just received an email from Naughty America begging me to join for $4. Never seen a site so cheap---but no thanks.  I've consumed American porn since the 70s, I've never seen it so awful, except maybe after the AIDS scare of the late 80s. | |
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| 07-05-14 09:07am - 3823 days | #16 | |
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pat362 (0)
Active User Posts: 3,575 Registered: Jan 23, '07 Location: canada |
^Not even back then. The porn made in the 80's was so much better than most of the stuff made after the 80's that it's not even funny. There are so few good porn scenes made today that like you I'm not even joining sites that want me for a member for 5$. I keep getting these offers and I can't be bothered to part ways with less money than I spend on coffee during one week. Long live the Brown Coats. | |
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| 07-05-14 09:13am - 3823 days | #17 | |
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LPee23 (0)
Active User Posts: 399 Registered: Jul 14, '13 Location: USA |
I haven't seen a single new porn site that interested me open all year. There are some established players that are still putting out good stuff, but there have never been so few quality new ones. Better to be pissed on, than to be pissed off. | |
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| 07-05-14 06:21pm - 3822 days | #18 | |
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pat362 (0)
Active User Posts: 3,575 Registered: Jan 23, '07 Location: canada |
^You are luckier than me because none of my old favorites manage to put out more than a couple of decent scenes per month. I use to join about a dozen different site just a few years ago and now join about once or twice a year and manage to get about 6 to 10 videos that I may keep long term. Long live the Brown Coats. | |
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| 07-07-14 01:56am - 3821 days | #19 | |
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Parsnip (0)
Active User Posts: 39 Registered: Oct 29, '13 Location: Atlanta, Georgia |
This country is falling apart. Everything is made down to a budget, at the absolute minimum quality to do the job. If you have breakfast in a motel, it will be on polystyrene plates so thin that they aren't stiff enough to carry the food, and the plastic cutlery is so feeble it breaks before cutting anything. If you buy a car you can put your thumb through the dashboard. Supermarket food is chemical-ridden and disgusting. And as for the infrastructure... Can you expect porn to be any different? It seems to be in our DNA. We put immediate short term profit before anything. I have serious issues with X-Art over their spurious "copyright protection" activities, but I don't blame them for the drop in quality. They just decided they would make more money cranking out a large amount of cheap stuff, using the same sets over and over, without any effort in the setups, just doing nastier sex - high volume, cheap and nasty is what most americans seem to want. | |
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