[seanchai]

Hi Jenae
I'm not going to get into a long and lengthy debate about copyright laws. I don't want to go that route, I know my rights and the rights of all producers which is why their is a DMCA law and why servers, site owners and ISP's are so strict about. What you "think" is the law is frankly and with due respect, irrelevant as is your "grey areas".

I'll answer a couple of your more pertinent points but please read the post in response to Violet above this

Originally Posted by Jenae LaTorque
1. [B

Your Subject Matter[/B] - Your area is pornography, and to make matters worse, it is transgender porn which is even more repugnant to a large segment of the public.

Barely needs response. This is absolutely rubbish and irrelevant. Copyright is copyright. We work within the boundaries of the law and have regsitered at copyright offices, our names are Trademarked. Your point makes no legal sense at all.

Originally Posted by Jenae LaTorque

Proving Your Case - I can see where you may have a hard time proving damages here when you already have a multitude of porn images elsewhere availible on the internet for down loading free of charge. When it comes down to the numbers, the number of downloads here will be dwarved by the daily number of downloads at the original page. You will also need to prove that a significant number would have joined your site if they were unable to download the pics here.

Again, complete wrong and irrelevant. Copyright infringement is just that and each image that has been infringed is copyrighted. We wouldn't have to prove anything, having the screen capture is simply enough. For sites like this, (user uploaded) the DMCA Safe Harbour law protects them (for the time being) as long as the owner removes the content within a set time, upon notification from the copyright holder. Failure to do so, or if it was found that the owner uploaded the content themselves, would be an infringement.

Originally Posted by Jenae LaTorque

As part of researching this subject I had to check out the Harley thread since I am not a fan of hers. And, I found that there are not really that many pics there. I am going to assume that there were a lot of them since you are bitchin' about it. That leads me to the conclusion that you have already coerced the site authorities into removing a great many of the disputed pics. If you did this solely on your own as a moderator, I suggest that there may be a "conflict of interest here." This would be further evidenced by the fact that I am aware of several threads where there are sets represented by many more pics than the 15 pic limit, and they have not been pruned or removed entirely

Correct, full sets of Harley were removed, 40+ images from Khloe Hart (per set), links to stolen content sites with full videos.
There is no conflict of interest, we both want to provide this site with good legal content, to generate discussion and fan base. The site owners and myself, would like people to join the sites, which in turn, keeps us able to produce content and the owners to pay the server fees in keeping this running.

Originally Posted by Jenae LaTorque

You suggested or threatened that you could hold us, the members of the forum, responsible for the copyright infringement. You know, or your lawyers should know, that this would be a very difficult road to follow since we are not the owners of the site. Now there are a whole lot of legal issues concerning that..... so, I won't go into that since you have lawyers for that.

Come on, it's not going to get to that point. A free site owner would kick the offending people or close the site before getting lawyers involved and it's not something I would ever want to do. However, for clarification purposes, the site's rules are also irrelevant. I could point you to sites whose rules are that you can only show full Hollywood movies, in HD for free ... and that's illegal! Technically, we could go after any 1 person posting our content, request their IP and information from the server ... blah ... blah ... blah but I'd much rather produce porn.

Originally Posted by Jenae LaTorque

:D Now I have a question here. By posting on here, did you solicit our opinions, and are you thus obligated to compensate me for my advice if you use it in any way to form your legal position. If you feel so, I would accept a free membership to the SM Club site

Frankly, I had no interest in your opinion on this matter legally. The copyright laws are set. I'm not the owner of Shemale Club as much as I'd like to be. Apart from the top 10 links on that list, all the other companies are part of a group of producers with whom we work with on initiatives like this. I did put the wrong link up, their actual link is : http://shemaleclub.com/ and well worth investing a months membership on.

I do however, welcome an open dialogue. Legal issues are not really opening to question, take them up with your politicians.

Thanks