|
2006-09-29, 01:21 PM | #1 |
I'm normally not a praying man, but if you're up there, please save me Superman!
|
Falcon Foto sues PornKings
http://www.avnonline.com/index.php?P...tent_ID=276855
Of main interest here is Falcon's statements that they intend to hold PornKings affiliates who even linked to the affected PornKings FHGs liable for copyright infringement. Somehow, I doubt they'd be able to make that stick, but... |
2006-09-29, 01:35 PM | #2 |
Lonewolf Internet Sales
|
Typical tactics when someone sues. Name anyone that can possibly be held accountable, and let the judge decide who gets tossed out.
|
2006-09-29, 04:50 PM | #3 |
Asleep at the switch? I wasn't asleep, I was drunk
|
Would be interesting to see how this one turns out.
|
2006-09-30, 11:12 PM | #4 |
A boy without mischief is like a bowling ball without a liquid center
Join Date: Jan 2004
Posts: 437
|
How, in anyones right mind, is it ok to sue someone for linking to a different website? They are saying that if I put a text link up, 2 years ago to one of these FHG's that I AM NOW LIABLE? Sorry, I dont buy it. There has been alot of people say that you can get in trouble for linking to a page for this or that reason, and i for one have never seen it happen! Of course for illegal materials like warez, cp, etc. I think you may get into trouble
But for linking to a sponsors gallery, no fucking way man. Alot of links to those galleries dont even come from the webmasters promoting it, friends that like it will share it on their sites, message boards, icq etc, will they get sued? I am obviously not a lawyer, but I have never, ever heard of anyone getting sued for linking to a page on someone elses server (besides the obvious illegal stuff). I mean, thats why alot of bit torrent sites are still up, because they only link to the content, not host it. Bah, just go after who you need to go after, and dont bully around the little guys ffs... IMO pork king should be sued for using the content, but not those linking to the galleries.
__________________
Mom, I'm done! Come wipe! |
2006-10-01, 12:16 AM | #5 | |
I'm normally not a praying man, but if you're up there, please save me Superman!
|
Quote:
But still, the idea of "good faith" enters into it and that is a valid legal principle. If the galleries were presented by the sponsor as within the sponsor's right to offer, then 3rd party liabilty seems like a stretch to me. But then I'm not a lawyer, obviously. |
|
2006-10-01, 10:44 AM | #6 |
0100011101100101011001010 1101011001000000100001101 1010000110100101100011
|
Linking to stolen images with the intention of making money from them indeed makes a contributory infringement case. Fortunately the DMCA does include a safe harbour clause, permitting one to get out of the line of fire if they remove themselves from the situation within 24 hours notice of a claim being made. Failure to do so makes one equally guilty.
(think accomplice) |
2006-10-01, 10:51 AM | #7 |
Banned
Join Date: Aug 2003
Location: Mohawk, New York
Posts: 19,477
|
We had kind of the same problem back with ultracash. When our affiliate software died for the last time, we told everyone to sign up with a scumbag click broker who sent us the traffic. When we purchased and installed new software, we couldn't get the scumbag (Pushrod) to stop using our banners to send traffic elsewhere. Fortunately, he sent all traffic through a domain I owned I told him he had 3 days to get it fixed and then changed it myself.
Some advertising materials work better than others. And if they work for one program, people think it's ok to use them with a different program. |
2006-10-01, 11:03 AM | #8 |
You can now put whatever you want in this space :)
|
Simply remove your links, PK will obviously be taking down the content. The easiest thing for PK to do would be to swap out the content on any hosted galleries and as every other sponsor does, ask affiliates to remove the content if they allowed affiliates to use it.
|
2006-10-11, 12:18 PM | #9 |
I'm going to the backseat of my car with the woman I love, and I won't be back for TEN MINUTES
Join Date: Sep 2005
Posts: 84
|
sueing the affiliates? that would be a petty angle of attack I hope they are not wanting to ever promote anything that involves affilaites it would be hard to earn their respect after that
__________________
Kickstart your webmaster program |
2006-10-11, 04:04 PM | #10 |
NYC Boy That Moved To The Island
|
how they all turn out settled out of court with all partys signing an NDA
__________________
Accepting New partners |
|
|