What to with DMCA'ed torrents?
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I received a DMCA Takedown message. So what do I have to do next? Do I need to stop seeding immediately? Or wait for the torrent to have an unregistered tracker status? If I need to wait, do I still earn upload points from seeding it?
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I suppose you can remove the torrent from your client now, either way you won't be earning points from continuing to seed it.
You can also re-upload the torrent, and then wait and see if it gets DMCA'd again. Even if it gets taken down again at some point, you'll still get points toward your share ratio for uploading and seedbonus points for seeding. Win-win.
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You can also re-upload the torrent, and then wait and see if it gets DMCA'd again. Even if it gets taken down again at some point, you'll still get points toward your share ratio for uploading and seedbonus points for seeding. Win-win.A torrent which knowingly has been removed due to a (DMCA) takedown notice, should, in NO case, be uploaded again.
If the uploader believes the takedown was erroneous, he can make a counter notice, which may lead to courts sorting out who's right.
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if the site mods take down a torrent because of a DCMA request, that's it. They've taken it down, no court will be sorting anything out for you, lol.
Just reupload a similar torrent and you'll be fine and the other users will certainly be greatful. If they take that down too it's because of another request. As a user you have no control over adhering to a takedown request, that's why you're hearing from GTRU, instead of from the DCMA guys asking YOU to takedown the torrent, you know?
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If the uploader doesn't make a counter notification, but reuploads another torrent to share it again, it is against GayTorrent.ru's ToS. I'd remind you of the following parts of the ToS:
(…) Users may not use this site to distribute any material when they do not have the legal right to do so. It is the responsibility of each user to adhere to these terms. (...)
and
(…) We have a policy of terminating, without notice and without recourse, accounts of users who are repeat infringers of site policies, based on our sole judgment of suspicion or notification we may receive. (...)
I don't want to discourage members from sharing, but reupping something you know has been removed because of alleged (and not disputed) copyright infringement is a blunt disregard of the ToS.
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I received a DMCA Takedown message. So what do I have to do next? Do I need to stop seeding immediately? Or wait for the torrent to have an unregistered tracker status? If I need to wait, do I still earn upload points from seeding it?
To respond to your "what do I have to do next…" question...
If you receive a DMCA Takedown message, you will find that the torrent has ALREADY been REMOVED from the site, so there is absolutely no reason to do anything other than to STOP and DELETE the torrent from your torrent client program (uTorrent).
I'd personally advise you to note the content that was removed, and avoid uploading closely-related content in the future, to protect your account privileges, here…
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If the uploader doesn't make a counter notification, but reuploads another torrent to share it again, it is against GayTorrent.ru's ToS. I'd remind you of the following parts of the ToS:
(…) Users may not use this site to distribute any material when they do not have the legal right to do so. It is the responsibility of each user to adhere to these terms. (...)
and
(…) We have a policy of terminating, without notice and without recourse, accounts of users who are repeat infringers of site policies, based on our sole judgment of suspicion or notification we may receive. (...)
I don't want to discourage members from sharing, but reupping something you know has been removed because of alleged (and not disputed) copyright infringement is a blunt disregard of the ToS.
Uhmmmmmmmmmmmmm yeah.. Except NO member has ANY actual legal right to upload ANYTHING they're uploading, unless it's something they've recorded themselves. 99.99999999% of the content on this tracker is violating copyright and you know it, so it's incredibly hypocritical to threaten someone with a ban when you're guilty yourself - because we all know the 28 TB you uploaded is NOT material you can claim copyright on.
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That is what YOU assume. GayTorrent.ru is processing quickly any copyright takedown notice. There should be no torrent about which it is actually known to have files in its file list which distribution infringe copyright at GayTorrent.ru.
The percentage of torrents ask to taken down based on copyright is far below the majority of uploads. It is not GayTorrent.ru claiming any copyright nor me.
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The 28 TB are built over years, using a high speed internet access, in keeping available what was downloaded years ago and remained listed. -
That is what YOU assume. GayTorrent.ru is processing quickly any copyright takedown notice. There should be no torrent about which it is actually known to have files in its file list which distribution infringe copyright at GayTorrent.ru.
The percentage of torrents ask to taken down based on copyright is far below the majority of uploads. It is not GayTorrent.ru claiming any copyright nor me.
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The 28 TB are built over years, using a high speed internet access, in keeping available what was downloaded years ago and remained listed.HAHAHAHHAHAHHHAHAHAHAHAHA!!!!
Yeah okay bro, whatever you say. So you are claiming that you own copyright to every single bit of that 28TB you have uploaded? Horseshit. Post your seed list and we'll see what you own copyright to (I got a hundred bucks that says most or all of it is copyrighted studio work). It doesn't matter how many years or how fast the internet is, or how old the content is. If you don't own copyright, then you don't have any right to upload it anywhere, therefore you are a hypocrite for telling people they can't upload copyrighted material.
Just because they're not sending DMCA takedowns doesn't mean it's legal. It just means they don't know it's here or they don't care enough to waste the time, since GT doesn't act on bulk notices from copyright trolls, they have to come from the copyright holder or an authorized agent. Go to the search page.. Go ahead, I'll wait….. See the first 100 torrents on the first page? Know how many of them are copyrighted? 100. Every single one. There is not a single self-made video up there, it's ALL studio.
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Re-uploading something which (is known) to have been taken down because of alleged copyright infringement is just harming the community here. The reason is simple:
It will be found again by the copyright owner or its authorised agent(s), then taken down again. This will leave many members with (partial) downloads they can't (use and) share back over time, hit their ratio and ability to download other things.Personally I'd like to see more transparency on what is taken down, so that members could better consider what to share and what not.
Please understand that moderators here (for example me) are just members of GayTorrent.ru, but volunteering their free time to help other members and enforce the site's rules.
I think it is important to point out the risk in getting banned for repeated alleged (and not disputed) copyright infringement.
It seems you haven't understood my previous post, I do not claim any copyright, here again that part:
(…) It is not GayTorrent.ru claiming any copyright nor me. (…)
Basically every original video production got copyright* and that includes true amateur productions.
Any holder of copyright who cares can find what is available at GayTorrent.ru, because the torrent list is indexed by Google (and other search engines). I think what you call "copyright trolls" are mostly authorized agents of copyright owners. As far as I know, if these send e-mails with proper "bulk" DMCA takedown notices, those are taken down.
There was a big "clean-up" made in early 2013 and I think the graph there speaks for itself:
http://www.google.com/transparencyreport/removals/copyright/domains/gaytorrent.ru/- = there are limits of what can be protected by copyright though and there are some views that porn can't be protected, but that is a subject on its own and depends on the jurisdiction, too.
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It's clear you have no clue what you're talking about. You're a hypocrite. End of story. If you are going to threaten people with bans for violating copyright, then you should not be allowed to upload or download. Just like the police, you are expected to follow the rules that you are enforcing. Someone who is in clear violation of the rules has no business enforcing them. There's a saying about glass houses that fits here too.
And I know how copyright works, I am a photographer. There are very few limits to what can be copyrighted, NONE of which extend to porn (for example lists of raw data - such as names and telephone numbers - can not be copyrighted, however telephone books in published form can). The only people who claim porn can't be copyrighted are those who claim it is illegal on grounds of obscenity as they thump their bibles in your face. Governments disagree. ALL studio works are copyrighted, and NO member here has permission to upload them. Same goes for anything snatched off Xtube or Tumblr or the like if it was not created by that user, and same goes for screen grabs off Cam4 and Chaturbate. Period. If users actually followed the rules, this site would dry up instantly.
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Good heavens, another one of your joyful exchanges. I feel you are wasted in general Chit Chat, perhaps you could try here where we could all dismiss you or at least ignore you
And I know how copyright works, I am a photographer.
Loved that one, made me giggle - bit like saying 'I know how a camera works, I'm a lawyer' and as logical.
But you seem to have missed the main point with this site. The staff, the Mods and Admins, can do anything they like. We (most of us) do not pay for the site although we may contribute. They are not bound by any rules 'just like the police' although they are usually fair. And give their time to us for free.
They can be as hypocritical as they like (but generally aren't). If we don't like it we are under no obligation to use the site.
Oh yes, that saying about glass houses ? "People in glass houses shouldn't take showers"
Look forward to your next pleasantry
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I've just corrected a false answer and reminded the rules which reign this place. It was not meant as a threat.
Just to repeat: Torrents of which you know that they have been removed for alleged copyright infringement must not be uploaded again. Period.
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The GayTorrent.ru rules about disabling repeated infringer are the result of law (for example the DMCA and other similar laws in other countries than the US), requiring service providers with user generated content to have such provision, among others, if they don't want to become liable themselves.
As for the aspect if porn can be copyrighted, as said it depends on the jurisdiction. I don't know if there is existing a higher court judgement in the US, but for example in a case in a lower German court it was denied:
https://torrentfreak.com/porn-films-dont-get-copyright-protection-in-germany-court-rules-130701/In Article I, Section 8, the Constitution states that "Congress shall have the power...To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"
But anyway, that is secondary, because GayTorrent.ru takes down even torrents used to share porn and got a repeated infringer banning process in place.
A last word: Do not call moderators "hypocrite", even if you think they are... other moderators might not have a thick thin and see it as disregard of this rule:
(…) Be courteous to all staff members, who volunteer their time to keep the site operational. (...)
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It's clear you have no clue what you're talking about. You're a hypocrite. End of story. If you are going to threaten people with bans for violating copyright, then you should not be allowed to upload or download. Just like the police, you are expected to follow the rules that you are enforcing. Someone who is in clear violation of the rules has no business enforcing them. There's a saying about glass houses that fits here too.
And I know how copyright works, I am a photographer. There are very few limits to what can be copyrighted, NONE of which extend to porn (for example lists of raw data - such as names and telephone numbers - can not be copyrighted, however telephone books in published form can). The only people who claim porn can't be copyrighted are those who claim it is illegal on grounds of obscenity as they thump their bibles in your face. Governments disagree. ALL studio works are copyrighted, and NO member here has permission to upload them. Same goes for anything snatched off Xtube or Tumblr or the like if it was not created by that user, and same goes for screen grabs off Cam4 and Chaturbate. Period. If users actually followed the rules, this site would dry up instantly.
You are assuming that no one had the rights to distribute anything to the site. When in fact you need to assume otherwise unless it is proven to be false. People are innocent until proven guilty that is how most laws work in most countries.
If someone uploads something the site must maintain that they are the legal copyright holder or has the right to distribute the file. They cannot nor are they expected to research if that is true. It is up to the copyright holder to enforce their rights or loose them. Once it is proven/suggested that the uploader doesn't have these rights the site takes action and removes the ability to distribute the works.
