Posting Of Pay Site Images - All Read.

[Jenae LaTorque]

The quote is from the character "Frenchy" in The Cotton Club movie.


So I did some research on copyrights, and I believe I now have a better grasp of the situation. Technically you are pretty much right, concerning the issue of copyright infringement, but I still think you are "barking up the wrong tree."


There are still a lot of "grey" areas in the matter of copyright infringement over the internet. You have several problems with your case:


1. Your Subject Matter - 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. True, this should not matter in terms of the application of the law, but you know, as we all do, that justice is oftentimes not served when it comes to T-people. I don't expect that you will find a lot of sympathy out there for your plight. You will find more here as long as you are civil.


2. 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.

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.


3. The Question of Who is Liable - 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. Suffice it to say, that most forum members have stayed within the requirements of the forum rules. You may have a case against members who posted pictures that they obtained as a member of your sites, but I think your case against those of us who simply posted pictures that are freely available is very weak at best, almost nil in fact.

: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