Falcon Foto sues PornKings

lassiter · 2006-09-29, 01:21 PM

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...

Toby · 2006-09-29, 01:35 PM

Typical tactics when someone sues. Name anyone that can possibly be held accountable, and let the judge decide who gets tossed out.

mist · 2006-09-29, 04:50 PM

Would be interesting to see how this one turns out.

neticule · 2006-09-30, 11:12 PM

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.

lassiter · 2006-10-01, 12:16 AM

Quote:

Originally Posted by neticule

How, in anyones right mind, is it ok to sue someone for linking to a different website?

I think the issue is linking with the express intent of making money off the content one is linking too.

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.

emmanuelle · 2006-10-01, 10:44 AM

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)

Jim · 2006-10-01, 10:51 AM

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.

terry · 2006-10-01, 11:03 AM

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.

Tanker · 2006-10-11, 12:18 PM

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

Tommy · 2006-10-11, 04:04 PM

Quote:

Originally Posted by mist

Would be interesting to see how this one turns out.

how they all turn out
settled out of court with all partys signing an NDA

2006-09-29, 01:21 PM	#1
lassiter I'm normally not a praying man, but if you're up there, please save me Superman! Join Date: Aug 2003 Location: Austin, TX Posts: 473	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
Toby Lonewolf Internet Sales Join Date: Mar 2005 Location: Houston Posts: 4,826	Typical tactics when someone sues. Name anyone that can possibly be held accountable, and let the judge decide who gets tossed out. __________________ Latex Vixens Babes In Boots Well Heeled Women Dressing For Sex Stocking Vixens

2006-09-30, 11:12 PM	#4
neticule 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, 11:03 AM	#8
terry You can now put whatever you want in this space :) Join Date: Apr 2004 Location: Montreal Posts: 5,883	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. __________________ Stop That 9 To 5 Go Green Grocery Store

2006-10-11, 12:18 PM	#9
Tanker 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

2006-09-29, 04:50 PM	#3
mist Asleep at the switch? I wasn't asleep, I was drunk Join Date: Aug 2003 Location: EU Posts: 214	Would be interesting to see how this one turns out.

2006-10-01, 10:44 AM	#6
emmanuelle 0100011101100101011001010 1101011001000000100001101 1010000110100101100011 Join Date: Mar 2004 Location: Montreal Posts: 1,441	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
Jim 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.