Quote:
Originally Posted by RawAlex
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:
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.
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For me it's open shut, no question he is going to lose. The defense of " it's not hosted on my server" isn't going to matter to every day people (on a jury). The fact of "where" it is hosted isn't going to matter, where it is displayed and where people can see it will matter... and that is on HIS site. If it was CP videos he was embedding would he go to jail (yes). If it was obscene videos could he be prosecuted ? (yes) It will be no different in a civil trial.
The only way that he would have a chance is if he was embedding from a clean site like youtube and it just so happened someone uploaded a stolen video on youtube, which then showed up on his site and he got sued for it. Then there would be mitigating factors that could come into play like a lack of intent. But when you embed videos from sites that EVERYONE knows is full of stolen content then you, yourself are trying to display and profit from stolen content on your site.
The other thing that is stupid is the people saying that this is an attack on embedding, or they wont be able to embed content any more. Which isn't true. If you embed videos with content that is approved from sponsors, do not allow user uploads, or actively monitor their site and remove any stolen content then you will have no problems.
Quote:
Originally Posted by gonzo
Sharky says the Private suit will hurt affiliates.  |
Yeah his reply was comical.
not being able to embed stolen videos from tube sites that are known to host tons of stolen content is going to kill me as an affiliate.