I do not want to violate DMCA.. but.. I have a very serious concern
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I know this is a touchy subject, so feel free to delete this comment if it stirs up too much debate. Personally, I am trying to AVOID problems rather than create them.
There is a problem with DMCA takedowns. The last thing I would want to do is put any site or member or myself in jeopardy by sharing copyrighted materials. BUT... I am puzzled by something...
The DMCA (Digital Millenium COPYRIGHT Act) covers all digital media that is COPYRIGHTED. Mainstream video, TV shows, commercial music, etc. are all copyrighted. They are all covered by DMCA. I realize that there has been content that is copyrighted which should not have been posted to this site - such as the TV shows: Maude, Golden Girls, RuPaul's Drag Race, My Three Sons, Bonanza, Eight Is Enough, Family Affair, BJ And The Bear, Make Room For Daddy, Father Knows Best, and Leave It To Beaver. However, without getting into a debate about whether or not it is possible to copyright porn.. I ask this very earnestly, because I want to follow the rules. Why is it a problem to share a video.. that is NOT copyrighted? I have spent several HOURS trying to find even ONE gay porn title that has a copyright.. and I found ZERO! I beg everyone to try and find even one gay porn title that holds a copyright. If you find even one.. PLEASE let me know. Personally, I am against the practice of sharing full ISO/DVD rips which are clones of products sold - not because it is illegal, but I don't think it is right to hurt the sales of those DVDs. In fact, by sharing individual / web quality scenes which have been encoded from a DVD, it results in people seeing those 480p / 720p scenes to PURCHASE the actual DVD which is in 1080p or even 4K and has all the menus, and backstage footage, and directors comments, and bonus scenes, etc.
Getting back to my point, if a title is not copyrighted, then it is NOT protected by the DMCA. Please someone find me even ONE gay title that is copyrighted. Here is the official government COPYRIGHT CATALOG search engine link which shows what media is copyrighted. This engine is quite fast, and comprehensive. https://cocatalog.loc.gov/ -
Copyright (in most countries) is automatic. Any piece of media (or "form of expression") that is produced has copyright status for the author(s) of the work from the moment it is "fixed" in copy (such as writing, or an audio recording or a picture), unless copyright is sold or given to another party.
If you write book, the copyright of that work is yours, with no registration necessary. If someone steals your manuscript and claims it as their own and publishes for profit, they have infringed on your copyright. But obviously nothing will come from it if you don't involve a lawyer.
It's not like a patent or a trademark which needs to be registered, if something exists, somebody owns the copyright to it.
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I'll add, that copyright can only dissipate after the death of the original author. The exact number of years is different depending on the country, but after that point it enters what is considered "public domain". The Sherlock Holmes stories for example are public domain, so anyone can make a movie or write their own book using those characters or stories.
On top of that is publishing rights, which can last in perpetuity (forever). So even in 100 years, you won't be able to distribute gay porn made today if the publishing rights are still in effect. You can do whatever you want with the characters in the porn though!
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All media digital content such as video, electronic images, software, games, music and others are copyright content protected by law ...
https://www.copyright.gov/help/faq/faq-general.htmlAgain ... The site prohibits not to discuss this matter in forum or in public ...
https://community.gaytorrent.ru/topic/58255/dmca-takedown/2?=1649414008445
https://community.gaytorrent.ru/topic/58131/copyright-enfringement-information?=1649414008435
https://community.gaytorrent.ru/topic/58283/upload-privileges-revoked-for-90-days?_=1649414008450 -
@gchanning989 Thanks for the reply.. but that only applies to LEGITIMATE works. Gay porn is not legitimate. I think it SHOULD be, but it is not.
Something needs to be understood, there is a world of difference between "sharing" something.,
and "SELLING" it. If you are SELLING something that is a much broader issue in the law. You
cannot do that. However, SHARING something at no profit, is entirely different. Furthermore, if
something is FORMALLY registered with the copyright office, that provides significant legal
protections. However, as I pointed out from the Copyright search engine at
https://cocatalog.loc.gov , unless I have missed something, there is not one gay porn title that is
copyrighted., and the reason is, they are not eligible for legal protection. For instance., if
someone stole your car, you could sue them., however, if someone stole a kilogram of cocaine
from you., you cannot successfully sue them. Keep in mind, that in the USA, one can sue anybody
at all, about anything - but don't count on winning. It costs money to file a lawsuit, and frivolous
lawsuits are routinely rejected before any proceedings.
In the annals of history, or more appropriately, the anals of history of gay porn, I defy anybody to
find even ONE successful lawsuit against someone who was SHARING porn. Yes, legitimate
products and media such as Lars Ulrich's "Metallica" and everything "Disney" and NFL Football
are protected but as for gay porn. There is NO protection that I have found. Zilch, nada, nothing.It should also be noted that if you do not FORMALLY register a work with the U.S.
Copyright Office, your rights to take legal action against someone who uses your work
without your permission will be VERY LIMITED. [From an official legal site].I do have considerable knowledge of this subject. Many years ago, there was an anti-software
group., which I can't remember the name of and I don't think it even exists anymore. Currently, there
is a group called BSA - The Software alliance that is a non-government agency that sends
threatening letters to businesses that are reported to be using unlicensed copies of software. I
swear to you, that I have been to several hundred government and medical and legal offices
decades ago... and I never saw one that did NOT have some unlicensed software on their
computers. Even though they were clearly in violation of the law, and using fully registered,
legitimate software in a for-profit business.. I don't know of a single case where anybody was
prosecuted for their use of unlicensed software. In fact, two different computer support companies
I worked for were illegally installing software packages and BILLING their clients for them without
paying the software company. One package went for $5000 per copy for managing business
databases, the other for $15,000 per copy for doing medical billing. Another business I worked for
was using unlicensed software that cost $40,000 per station. All 3 of them also involved paying a
yearly licensing fee of about 10% of the cost of the product. None of them ever got punished for
selling nor using the software even though it was FULLY protected. This was decades ago. I
reported them all, yet despite efforts, nothing was done to stop it except that one of them was sent
threatening letters which the owner of the company would crumple into a ball and throw in the trash.My purpose in posting this is not to defend nor advocate any of the actions I have mentioned.
However, I do want people do know what they are risking by SHARING gay porn. And frankly, they are
risking nothing at all. I am aware of one studio over 10 years ago that ATTEMPTED to sue people for
sharing their creations. They spent a fortune battling it out in court, they did not win a dime.
And then they were shut down completely for violating obscenity laws. This may come as a surprise
to some of you, but there are SOME people who consider depictions of men inserting their penises
into the rectums of other men, and ejaculating in their mouths, and licking their rectums., to be
OBSCENE! Go figure!
If you know the history of people like the father of modern gay porn - William Higgins - you know
that he did everything he could to avoid any scrutiny and to stay off the radar screens of the
authorities. He had to literally smuggle his footage across state lines to sell it (this is
before the internet was viable). There is no way he would ever risk filing any lawsuit because he
would be the one that got in trouble, while his efforts would be futile. Is that fair? I certainly
don't think so, but that is the way it is.
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OK, so lets get down to "brass tacks" here:
- Regardless of whether they are legally valid in a court (and that would likely be different depending on which court it was heard in), the Site Owner has told content owners that he will take down posts here that infringe on their ownership rights.
- The Site Owner wants to avoid running afoul of the law - especially the idea that this site exists primarily to facilitate illegal sharing. As a precaution, the Site Owner has given content owners wide leeway, and has prohibited the discussion of avoiding, invaliding, or otherwise getting around the protections that he (the Site Owner) believes exist under the DMCA
- the opinion of the site owner is the only opinion that matters here - and it is his opinion that this topic is not allowed on his system
Please understand that:
- this is not your site - you are but a guest here
- your continued pursuit of this topic may well get your account suspended - you have been directed to the warnings already
- you are free to start your own site if you disagree (this isn't the Politics section, but much as Trump has done with Trump Social after being banned by Facebook & Twitter), but you have no "rights" here - we area all just guests on someone else's site!
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Locked by
DandyLion
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This discussion has become quite heated, so I'm locking this thread. The bottom line is: We (the site) have a policy in place, that you agreed to in the rules when you made your account (https://www.gaytor.rent/rules.php) that content will be removed when we receive a validated takedown request.
Further topics about this will be subsequently deleted and account warnings may be issued. You have received an answer from at least one staff member, if not more. It may not be the answer you like, but it's the answer we got from higher up.
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Referenced by
john32123666
