• Intellectual Property

    December 16th, 2011
    Intellectual Property
    By Dave Cummings

    YNOT – “’Tis the season to be jolly,” but for many in the adult industry it’s a challenge to be jolly this year, what with piracy chipping away profits in big chunks. With some notable exceptions, porn as I’ve experienced it over the 18 years seems to have lost its year-over-year growth. Instead, it appears to be withering on the vine.

    It’s been a very difficult couple of years for porn, one that can be blamed in large part upon the continued copyright infringement and piracy of porn videos and adult internet materials. It’s a vicious circle: Users illegally upload stolen content which is then freely ...
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    March 3rd, 2011
    Intellectual PropertyDomain Names
    content/attachments/13573-fscdotxxx-jpg.html This is part three of “What’s Wrong with Dot-xxx,” a five-part series outlining the Free Speech Coalition’s assessment of the proposed adult-entertainment-specific sponsored Top Level Domain.

    By Diane Duke

    YNOT – At the 2010 Internet Corporation for Assigned Names and Numbers conference in Cartagena, Colombia — some six years after first advancing the dot-xxx sponsored Top Level Domain proposal — ICM Registry finally outlined its plans to protect intellectual property published on dot-xxx domains. The proposal was distributed at a meeting Free Speech Coalition Chairman Jeffrey Douglas and I attended. ICM’s Stuart Lawley also was at that meeting, as was a representative of Valideus ...
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    March 2nd, 2011
    Intellectual Property
    content/attachments/13560-teenthief-jpg.html YNOT – Recently, on several gay blogs, I’ve read about the outrage over [gay adult studio] Corbin Fisher suing pirates. Some posts bear ridiculous titles like "Corbin Fisher Wants Your Cash." In truth, Corbin Fisher has used rather harsh language to refer to the teenagers who are stealing porn, but let's move from tone to substance and take the argument from there.

    I couldn’t agree more with the main point: We should prosecute thieves mercilessly. We should not and will not discriminate based on age when it comes to piracy.

    A crime is a crime, and theft is a crime. There is no difference between stealing ...
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    February 15th, 2011
    LegislationRecord KeepingIntellectual Property
    content/attachments/13418-daveandaurora-jpg.html YNOT – I’ve been in battles many times, be it with grade-school bullies, scholastic deadlines or the Viet Cong. Now into my 17th year of involvement with the adult entertainment industry, current battles are many and some seem considerably ill-targeted.

    For example, consider the religiously radical and/or self-appointed (fundraising?) civic and business organizations and legislators who seem to think their God, or the 2010 elections, gave them extraordinary power to reload their shotguns and target legally legitimate porn. Why can’t they instead vigorously go after child porn, terrorists, government ineptness, illegitimate ...
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    February 2nd, 2011
    Intellectual Property
    content/attachments/13326-monitorpunch-jpg.html By Joel56

    YNOT – Think you have no control over how your content gets distributed online? Discouraged because you can’t afford attorneys or third-party copyright-protection services to act on your behalf? Convinced you can’t be effective against pirates on your own?

    You’re wrong on all counts. The fact is, webmasters can take several steps to remove illegally uploaded content from peer-to-peer networks, tube sites and other sharing services.

    The following has worked for me. I can’t guarantee the same will work for you, but trying can’t hurt … and it just might help.

    Become very familiar with the DMCA.
    You don’t need a lawyer or expensive third-party services to issue takedown notices under the Digital Millennium ...
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    January 7th, 2011
    Intellectual Property
    content/attachments/13141-copyrightquestions-jpg.html By Marc J. Randazza

    YNOT – Perfect 10 is at it again — this time continuing to press the argument that its Digital Millennium Copyright Act notices may not be reproduced (source). This is a misguided use of copyright law.

    The DMCA addresses a number of copyright concerns affecting online businesses and other websites, immunizing site operators from copyright infringement perpetrated by end-users. To take advantage of this protection, though, a site must register a designated agent with the U.S. Copyright Office. The agent will appear in the Copyright Office’s official registry and may be contacted with a takedown notice once infringing content is found so as to facilitate its removal. Offering further protection to content producers, the DMCA requires ...
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    December 31st, 2010
    Intellectual Property
    content/attachments/13090-messageinbottle-jpg.html By Marc J. Randazza and J. Malcom DeVoy

    YNOT – Under U.S. copyright law, anyone who creates something — text, photo or video — owns the copyright to that creation. For a creator to sue for copyright infringement and protect his or her rights in the creation, though, it must be registered with the U.S. Copyright Office. This is not a particularly difficult or complex process; I train my clients to do it themselves. Once they know how to register copyrights with the Copyright Office, protection is only $35 away.

    One idea that harkens back to a simpler time is the “message in a bottle” model of copyright — some ...
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    December 7th, 2010
    Intellectual Property
    content/attachments/12797-pirateskulls-jpg.html By Marc J. Randazza

    YNOT – The adult entertainment industry’s anti-piracy campaign is a just cause. It must not succumb to the temptation to conduct it the wrong way.

    It is old news that online content theft is taking its toll on the entertainment industry. It is also old news that some copyright owners, notably the Recording Industry Association of America and the Motion Picture Association of America, addressed this problem with what some would call heavy-handed tactics, which did little to help the music and movie industries’ public image.

    Although the porn industry frequently leads the way for broader technological innovation, it is way behind in the war on content theft. While the record and movie industries had their attorneys and lobbyists working on their behalf, the fragmented and independent-minded porn industry only now has begun to engage in cooperative efforts ...
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    November 19th, 2010
    Intellectual Property
    content/attachments/12677-copyrightlock-jpg.html By Marc J. Randazza and J. Malcom DeVoy

    YNOT – Anyone with any degree of familiarity with the adult entertainment industry knows the toll online copyright infringement has taken on the industry’s bottom line. The frustration and anger is palpable. Producers go through the trouble of recruiting talent, filming the content and complying with recordkeeping laws, and within minutes of posting their latest updates, the content winds up being distributed for free on forums, tube sites and one-click hosting sites.

    When you write to these theft-harbor sites to complain, they give you a sarcastic smile and say, “Our content ...
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    June 3rd, 2004
    Intellectual Property
    Article Preview Few things can be more disheartening to a content producer than finding one’s valuable content displayed all over some free site, without permission, just so some Webmaster can generate a few more page views than his competitor.Few things can be more disheartening to a content producer than finding one’s valuable content displayed all over some free site, without permission, just so some Webmaster can generate a few more page views than his competitor. All the time, effort, blood, sweat and tears that goes into creating high-end erotica is flushed down the tubes when content is stolen ...
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