Huge Free Archive of Stolen Movies

[Tvduijn]

Originally Posted by urb

I think post #7 in this thread is the guy who is running xxxbay.co.uk and xxxbay.org

(mriand) = (mr ian d) and his UK whois says "Ian Dickinson".

http://whois.domaintools.com/xxxbay.co.uk

So he's already seen this thread.

Nice work Sherlock

[emmanuelle]

Originally Posted by T Pat

What the hell does that mean

Pat: It means that your letter was more of a friendly note than a formal DMCA notice which would force them to act.

Under the DMCA, anyone who may be benefiting from copyright infringement is liable, from the initial infringer, to his host, to his billing company etc etc. Since those further up the chain usually have deeper pockets, they are very vulnerable unwitting accomplices.

The DMCA offers what is called a Safe Harbor Provision. It offers anyone who has been identified as an infringer (active or contribuatory) the chance to get out of the line of fire by acting within 24 hours. If the hosting company, or billing company etc ends their part of the infringement (usually by withdrawing services) within that period, they become immune from prosecution, and potentially HUGE penalties. It's a system that seems to work, though there is currently no reasonable way to protect someone from fraudulent claims beyond the fear of a perjury charge.

In order to file a proper DMCA claim, you need the following:

1. Your electronic or physical signature.
2. A description of the copyrighted work and where the original work is located.
3. A description of where the infringement is located.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the use of the work is not authorized by the copyright owner, agent, or the law.
6. A statement by you, that under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the owner's behalf.


Once you have done this, and sent it to the infringer's host/biller etc, they really have no choice but to withdraw the infringer's services within 24 hours. They want to remove themselves from the situation to avoid culpability.

Finally- DMCA notices are not something to play with. You can really destroy someone's livlihood with this, and in some cases the infringer really is just plain dumb. Give them the chance to remove the material by sending a friendly, but serious note. If they don't respond, then perhaps a cease & desist before going the DMCA route.

[urb]

Originally Posted by mriand

Can I make a suggestion?
Please do not assume that everybody is as knowledgeable as you guys when it come to this kind of stuff. I have looked up 2257 and feel sorry for you guys in America it looks a real ball ache. If I have a problem with someone I generally just say "look mate got a bit of a problem here" and then sort it out amicably. If you are a bunch of people and you are making your living from this kind of site then I apologise. I work for a living elsewhere and just had a bit of a hobby with xxxbay. I see plenty of sites offering free material and did not feel that xxxbay was any different. I have no intention of taking bread from peoples mouths. I do not get a lot of time to spend on xxxbay as I have lots of other things to do so I have taken down everything which I believe could offend you but if there is anything left or you find anything in the future please just let me know. I am not some kind of monster preying on you and have probably never looked at your sites (let alone stolen anything). I have certainly never paid for a site and you can all check your payment details to confirm this. Everything on xxxbay was downloaded from what I believed to be OK sources. There is so much of this type of thing out there that you never know what is legit and what isn't.
So I do apologise.
Please do not hesitate to contact me if there are further problems but please bear in mind that answers / actions are not instantaneous as I spend a lot of time working away from home.

I sent you an email about a month ago, when you were still hosting your movies on a BT server. Obviously BT spotted what you were doing and closed you down.

At no point did I contact BT, that's their problem not mine... in fact the email I sent you was friendly, suggesting that you were headed for problems if you continued to give away stolen material. I got no answer to that email.

Then I noticed that you had removed some Party Hardcore movies, so I assumed that they had contacted you for violating their copyright?

There is no such thing as public domain content.
There might be the odd loophole here and there, but you can't just distrubute people's members areas and post them for free, it puts a big dent in the market and devalues the content.

I bet Endemol would love to hear about the celeb movies you still have on there... but I ain't gonna tell 'em. I am just suggesting that you should find another hobby.

At no point in this thread have I been hostile, my main concern is that sites like yours are killing our business.

[mriand]

Firstly I am not here to argue and I note and appreciate the friendy tone of your message.
I have never hosted with BT. BT were actually my Broadband supplier until about 2 years ago (well they are massive in the UK) and I have a few old BT email addresses which are still live for some obscure reason.
The only communication I have had was a few days ago when I got a friendly warning from someone who I do not know that this group were posting re XXXbay. Until then I was blissfully unaware of yourselves.
Up until now I have never had communications from anyone at all complaining. I never get communications at all re xxxbay.
I appreciate what you say about distributing members areas and I do not know specifically which you are reffering to but just to be safe I have got rid of all and any possibilities.
As regards Endemol (who I had to do a Google search on) I beleive that you are reffering to a reality TV series from the UK which has literally hundreds of fan sites happily featuring many clips images etc similar to the ones on XXXbay
So thank you again for your post and I will obviously take a more enlightened approach in the future and I am sure you will also be watching
btw. I assume that you members set up mini sites which lead to a pay site and for every member that they get through your links you get a commission.
Out of interest do you do this as a hobby or can you make a living at it?
I would also just mention again that I spend most of my time working away so if there is any problem with xxxbay please do not think I am ignoring you.
Kind Regards. Mr Ian D

[virgohippy]

Originally Posted by mriand

btw. I assume that you members set up mini sites which lead to a pay site and for every member that they get through your links you get a commission.
Out of interest do you do this as a hobby or can you make a living at it?
I would also just mention again that I spend most of my time working away so if there is any problem with xxxbay please do not think I am ignoring you.
Kind Regards. Mr Ian D

If we have a contract relationship with the copyright owner, then yes, some of us do distribute small samples of copyrighted content.

However, we have terms to abide by in that contract, else the relationship is terminated and thus our rights to use the copyrighted content cease.

Some of us make a living working with this stuff, for others it's a hobby which hopefully pays for itself or more.

[urb]

Originally Posted by mriand

I have never hosted with BT.

Perhaps hosted was the wrong word to use... you were using BT for storing movies in their digital vault.

http://www.btdigitalvault.bt.com/

You only started using Servage after BT closed down your free digital vault account.

But no worries, because you've seen the error of your ways and you've been a whole lot more curtoius than some of the people who actually owned the movies.

So maybe I should've just ignored what you were doing?

[WWA Admin]

Well first of all WWA is based in the UK and we are english and i dont for one min think that you was did not know you was stealing content, first off all there is a BIG STAMP at the top of every photo on WWA saying Copyright to WWA.

Now i am sure you understand what copyright means !!, the other statement saying you have never paid for a site has me confused as all the photos you stolen off WWA are in the models members area and the only way into her members area is by joining and PAYING for a password!!!

Or maybe you are also into password hacking !!! so which one is it.

If you are going to do this kind of thing do it somewhere else as some webmaster always keep within the guide lines

Greg

[Papa]

Now Ian, do you know how much it cost to burn 70gigs per day ?
Of course you do !
Why th f*ck are you doing this ?

Now i'll give you a list of sponsors to signup too
and a good banner/sponsor rotator and i'll even install all of this FOR FREE
as you will have signed up underneath me and all your content will be legal
(as it will be taken from the sponsors) and you'll even have the 2257 docs if you wish !

What's "bizarre" to say the least is that you registered and replied in here ?
Which ain't close to GFY by the way (a place where i would figured this would have come out
and be discussed) as this board is more "biz" related and more targetted to pro webmasters.

Now if you want to run a site like this so you get 100 of thousands of surfers everyday
and slowly insert sponsors in a couple of months once you get to the numbers you wanted.
Well that's your biz and it's fine with me. Tho, i think that throwing away lots of free stuff's
killing this biz, anyways.......

You're weird ?

[emmanuelle]

Originally Posted by Papa

(as it will be taken from the sponsors) and you'll even have the 2257 docs if you wish !

I really hope that this is not the case. Do we really want inexperienced 'webmasters' entrusted with the safety and privacy of models? Just what programs hand out 2257 docs?

[Papa]

Ben Emmanuelle vous autres non ?