I have to say that this has been a long time coming, shocked that it hasn't happened sooner.
However, I think this case still has some legal pitfalls and issues to look at. The real question will be "is embedding publishing?". I think the answer is yes, because it's the site owner that chooses to embed or not, no different from choosing to put an image in a newspaper or magazine without permission.
Clearly, a site who's motto is "free full length porn movies" fully intends to violate copyright and use material without permission. Further, because they clearly admit that they have the power to remove stuff from their site:
Quote:
MCA REMOVALS, Trades or Advertisement Oppetunitues
Please Contact Us At via Email .
admin at boneprone dot com
DMCA Removals or Any other Requested Removals are removed from network within 48 hours. We always do our best in removal requests please provide the url in the email. All movies on our networks are not hosted by us. Movies are embeded from other tubesites and we can assist you in tracking down which site your content is located at after it is removed from our site.
We do not own any of the sites we embed our movies from or the galleries we link to. We link to gallereis via search results page and direct you to their sites and content.
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For me, it's clear that they have editorial control over what appears on their site.
It should also be noted that boneprone's main site no longer has any visible clips over about 3 minutes, all sponsor embeds. Further, many of the sites on his "top friends" list are either down or go to parking pages. It would appear that he hasn't been really taking care of business, too busy being an Anal Hobbit.