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For Those Interested In Copyright Law

Discussion in 'Models and Celebrities' started by Shap, Jun 13, 2019.

  1. Shap

    Staff Member LPSG Owner

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    I wanted to share some valuable information I found that has helped educate me and maybe help enlighten a few of you.

    I've been dealing with two situations/criticisms lately.

    Situation #1 is From LPSG Users regarding content that is being removed....
    I've heard a lot of Users complaining that I should not be removing the photos and videos posted in threads. The mods and I do not proactively remove images. Even if a performer is on the do not post list we do not remove the content until we receive a DMCA request. That has been the site policy from day 1 and continues to be the site policy. The only reason you may be seeing content removed quicker than in the past is the sheer number of performers (mainly OnlyFans guys) that are sitting on this forum every day waiting for their content to be posted.

    Here is an article regarding DMCA law.
    Forums and the DMCA - Law Office of Richard A. Chapo

    It's an absolute must that we at LPSG follow DMCA. It protects us and protects LPSG's future.
    I've heard people say instagram photos aren't copyright protected here is an article about that.
    You’ve Probably Broken Copyright Laws On Instagram, Without Even Realizing It

    The way it works. The copyright holder (or their lawyer/service agent) send in a DMCA request to us. The Mods or myself review it and we then have to remove the content. There isn't much room to battle or fight it. It is what it is. Last month I saw a number of performers claiming the content was "revenge porn" I guess they thought this would be a way to get things removed quicker. This month the new tagline is "I was underage in the photo". They actually don't even have to write that. DMCA request is a DMCA request. Even if the person is clothed we have to remove it. Truth is many of them are desperate to get their content removed from places they don't want it.


    Situation #2 is from Performers requesting and threatening me to remove threads.
    This happens every single day. The number of complaints and threats I get from performers is crazy. Some are really lovely guys and others not so much. Today, I received a few threats telling me I have to remove a thread or else. That got me to do a little research to see if they have any case. Our lawyer has always told me the discussion of a person is fine.

    Today I found this....
    Defamation and Internet Forums - Law Office of Richard A. Chapo
    As you can see here having a thread about a person is perfectly legal and fine ;)
     
    jorge86, derekt, Boyafraid and 19 others like this.
  2. rihrihroman

    rihrihroman Well-Liked Member

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    Just out of curiosity, it seems as if Nick Baker of English Lads/Fit Young Men doesn't even want his sites MENTIONED anywhere on the internet. Have you ever received any requests from him that you thought were just outrageous? :p

    Just out of curiosity ;)
     
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  3. Flo179

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    What about when performers wrongly clai reason for quicker removing of content?

    Should you not be entitled to see proof of such said reasons ? Instead of inciting fear :/
     
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  4. Shap

    Staff Member LPSG Owner

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    LOL hahhaha Let's just say Nick refuses to reply to any of my emails now. I don't think I'll ever receive a Christmas Card from him.

    Remember I said there are a number of performers that have been really nice and actually nice to talk to? Nick's not one of them.
     
  5. Shap

    Staff Member LPSG Owner

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    There is only ever one reason for a performer to ask for content to be removed. That is DMCA Copyright reason.

    Legally challenging a DMCA request puts us in a very bad spot. It's not worth the risk.
     
    Lihest and Flo179 like this.
  6. casua

    casua Well-Liked Member

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    That is not how the DMCA system works. DMCA exists to protect people like @Shap and other website owners. It keeps website operators from being sued personally for copyright violations that are present on their sites. However, in order to be protected, the website operator must respond to DMCA notices by either removing the content as requested or if they think the claim is invalid, the operators can counter-claim, which means a court case would ensue if the person who filed the DMCA notice refuses to drop their original complaint. This opens up the website operators to personal liability, both criminal and civil. And court cases are often very expensive even if you win. And frankly with how copyright works in regards to photos and videos (who took the pictures/videos typically owns the copyright), challenging a DMCA notice is going to be a big mistake. Also, Shap is also required by the DMCA to not be negligent in his duties with regards to DMCA requirements. So if someone requests a takedown of a photo, Shap complies, but people continue to repost the photo and Shap ignores it, he can lose the DMCA protections and face criminal and civil liabilities due to said negligence.
     
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  7. Flo179

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    Ah that makes sense thanks shap and casua

    Thank you
     
  8. carladc20061

    carladc20061 Loved Member

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    He’s absolutely crazy and insane. I had problems with him in the past, as I tried to sign up for his website. The name of my email was different from my credit card for obvious reasons, and the guy simply refused to give me access to the website because of that. So he did charge me and I had no access to his website. Never responded to any emails, never justified anything. Simply took my money.
     
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  9. Shap

    Staff Member LPSG Owner

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    I thought for sure he was some old dude but just looked him up and he's not that old just bitter.
     
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  10. Thatguy8

    Thatguy8 Loved Member

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    Omg the tea is hot
     
  11. Flo179

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    @Shap love how straight forward you are, you take no b.s from anyone and say it how it is hahahaha
     
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  12. CardiffDillon

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    For many performers being mentioned on this site is probably the most lucrative publicity they'll ever have. Who would have ever heard about the majority of OnlyFans sites, for example, if it wasn't for threads here. I've been a paying member of many websites, including English Lads, and I certainly didn't find out about them from the Sunday Times.
     
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  13. richard12

    richard12 Active Member

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    After read @cause s comment, it seems like if Shap got alert to remove some copyrights content, it has to be gone for a long enough period?

    Is that means if Shap takes down a thread but someone else starts a new one,this will put Shap again in a unappropriated position?

    But what if the people who started the new thread doesnt know the previous one was forced to remove? as long as the consumer doesnt happy with the result, it would lead to a further case?
    If there is a threat lists all the No-post names, people could avoid them. Also if they were removed, we know for sure there was something, so if people DM each other, I guess there is nothing against DMCA?
     
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  14. Noamboniij

    Noamboniij Well-Liked Member

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    Even more desperate than their constant need for online validation?
     
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  15. Flo179

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    They should be grateful, if it wasn't for places like this, then lots of people myself included wouldn't know who they are
     
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  16. shyguyy

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    They should be grateful that their content is being posted against their wishes? Do you know how y'all sound?
     
  17. billybones

    billybones Well-Liked Member

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    Yeah. Discussion would be free publicity. When half the thread is people posting their content or dm’ing it to each other, that’s contradictory to the profits.
     
  18. shyguyy

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    Half the threads are actually filled with bumpers and people pretending to have, or egging people on to post content. 8 times out of 10 the discussion is also down talking whoever the thread is about, so what exactly is there to be grateful for?
     
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  19. VaultBoy

    VaultBoy Loved Member

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    Over at MaleGeneral if people don't submit takedown requests through the correct channel they name and shame them by publishing the e-mails. Let's just say that there are more than a few there from Nick, and he comes off as increasingly unhinged. :laughing:
     
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  20. tatebait

    tatebait Member

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    While this isn't to say that Shap's penchant for rigorous self-preservation isn't understandable, people really tend to overstate and exaggerate the power of DMCA these days.

    There's absolutely no federal court in the US that will take on a copyright case without the material in question actually having a registered copyright. While DMCA notices can be irksome and tiresome, unless the person filing the DMCA has actually registered the media, they can't follow through legally in court. Once a DMCA is filed and a counter-claim is filed in response, the person filing the DMCA has at most 14 days to file a lawsuit in court. If the content isn't already registered, there's no way for them to get the content registered within 14 days, even through the expensive "expedited" service. (Content also must be registered within 3 months of it being published somewhere.)

    No lawyer is going to recommend that someone in Shap's position simply disregard DMCA notices and file counter-claims even though there's a 99.99% chance that the material in question isn't actually registered. However, just because a lawyer wouldn't recommend it doesn't mean that it isn't the best course of action in many circumstances.

    While it's true that a copyright is created at the same time that the work is created, that copyright isn't legally enforceable in any manner whatsoever unless the work is actually registered. There's no gray area here.

    Shap (and others in Shap's position) could actually file counter-notices for nearly every DMCA take-down notification they receive from an individual (except Nick lol) and not suffer from legal repercussions. It's also possible to open a dialog with an ISP about receiving multiple DMCA notices and how you intend to file counter-claims because you have been subject to unwarranted take-down notices and they will often take this into consideration and not punish you (so long as you file counter-claims, they just want to cover their own asses).

    Again....Shap's position and approach is understandable and this is in no way bashing the way LSPG feels the need to protect itself, just wanted to point out that people tend to ascribe more power to DMCA than is realistic.
     
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